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The 3rd U.S. Circuit Court of Appeals ruled Thursday that a federal district court overstepped its authority by issuing protective orders preventing immigration authorities from arresting Mahmoud Khalil, a prominent pro-Palestinian activist. The 2-1 decision represents a delayed victory for the Trump administration in its efforts to deport Khalil, who gained attention for his involvement in anti-Israel protests at Columbia University following Hamas’ 2023 attack on Israel.
The appeals court determined that Khalil acted prematurely by seeking intervention from a federal district court before exhausting the immigration court system. According to the majority opinion, the Immigration and Nationality Act establishes specific procedural requirements for deportation cases. Khalil must wait until his case completes the immigration court process, including review by the Board of Immigration Appeals, before seeking relief in regular federal courts.
The ruling reverses protections implemented by Judge Michael Farbiarz over six months ago and potentially allows for Khalil’s rearrest and detention. The ACLU, representing Khalil, is considering an appeal. In a statement, Khalil called the decision “deeply disappointing” but emphasized it would not diminish his commitment to Palestinian causes and justice.
The decision carries broader implications for President Trump’s immigration enforcement policies. Khalil had filed a habeas corpus petition challenging his detention in federal district court, a tactic increasingly employed by migrants contesting the administration’s enforcement surge. The 3rd Circuit’s ruling may significantly undermine this strategy by requiring challenges to immigration detention and deportation to proceed through immigration courts first, then be consolidated into a single petition for review at the circuit court level. This approach effectively bypasses district courts, where migrants have achieved considerable success with habeas petitions.
The majority opinion was authored by Judges Thomas Hardiman, appointed by George W. Bush, and Stephanos Bibas, a Trump appointee. Judge Arianna Freeman, appointed by President Biden, dissented, arguing that current law permits Khalil to bring his case immediately.
Khalil, born in a Palestinian refugee camp in Syria and holding Algerian citizenship, entered the United States on a student visa to attend Columbia University. He married a U.S. citizen in 2023 and obtained lawful permanent residency. The Trump administration alleges he committed fraud by concealing a previous association with a U.N. agency operating in Gaza. Secretary of State Marco Rubio has designated individuals active in pro-Palestinian demonstrations as threats to U.S. foreign policy interests, prompting Khalil to challenge both Rubio’s designation and his immigration arrest as unconstitutional retaliation.
Read more: Appeals court rules against pro-Palestinian demonstrator
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