A federal appeals court has just handed the Trump administration a major victory by reversing a liberal judge’s decision to free a pro-Palestinian activist from immigration detention, clearing the path for his re-arrest and deportation.
Story Highlights
- 3rd Circuit Court of Appeals overturns release of Columbia University activist Mahmoud Khalil on jurisdictional grounds
- Ruling opens door for ICE to re-detain and deport the green card holder who organized anti-Israel campus protests
- Appeals court avoided addressing First Amendment claims, focusing on proper legal procedures for immigration cases
- Decision represents significant win for Trump administration’s crackdown on pro-Palestinian activism
Appeals Court Delivers Jurisdictional Victory
The 3rd U.S. Circuit Court of Appeals issued a 2-1 decision on January 16, 2026, vacating all orders from U.S. District Judge Michael Farbiarz that had freed Mahmoud Khalil from immigration detention. The court ruled that Farbiarz lacked jurisdiction to order Khalil’s release through a habeas corpus petition, instructing the lower court to dismiss the case entirely. This procedural victory allows the Trump administration to proceed with deportation efforts without addressing the underlying constitutional questions that had initially favored Khalil.
Background of the Pro-Palestinian Organizer
Khalil, a Columbia University graduate student and green card holder married to an American citizen, was arrested by ICE agents in March 2025 as part of the Trump administration’s broader enforcement actions against pro-Palestinian protesters. Secretary of State Marco Rubio had determined that Khalil’s activism would “compromise a compelling U.S. foreign policy interest,” targeting him as one of the main organizers of the Columbia University anti-Israel encampment. During his three months in a Louisiana detention center, Khalil missed the birth of his son while fighting deportation proceedings.
Liberal Judge’s Original Release Reasoning Overturned
Judge Farbiarz had ordered Khalil’s release in June 2025 after finding he posed neither a danger nor flight risk and was likely to succeed on constitutional grounds. The district judge concluded that detaining and deporting someone based on protected political speech violated fundamental rights and would cause irreparable harm. However, the appeals court’s majority determined that federal immigration law requires such challenges to be made through petitions for review to appeals courts, not through district court habeas proceedings, ensuring “petitioners get just one bite at the apple.”
Constitutional Questions Left Unresolved
The appeals court’s narrow focus on jurisdiction deliberately avoided addressing whether the government violated Khalil’s First Amendment rights by targeting him for deportation based on his political speech. The dissenting judge argued that Khalil’s habeas petition was proper and that the government had violated his fundamental rights. This procedural approach allows the Trump administration to continue enforcement actions while sidestepping potentially problematic constitutional rulings that could limit future immigration enforcement based on political activities.
Appeals court reverses decision that freed pro-Palestinian activist Mahmoud Khalil https://t.co/0WeUJMbs0g
— The Boston Globe (@BostonGlobe) January 15, 2026
Khalil’s legal team is now considering an appeal to the full circuit court before potentially seeking Supreme Court review. The ruling establishes important precedent limiting how immigration detainees can challenge their detention in federal district courts, potentially affecting similar cases involving political speech and immigration enforcement. This decision reinforces the principle that immigration law provides specific procedural channels that must be followed, preventing activists from forum shopping for sympathetic district judges to block legitimate enforcement actions.
Sources:
Appeals court says judge had no jurisdiction to order Mahmoud Khalil’s release
