Appeals court says judge had no jurisdiction to order Mahmoud Khalil’s release
A recent federal appeals court ruling has overturned a previous decision to release Columbia University pro-Palestinian activist Mahmoud Khalil from immigration detention. The court determined that the judge who ordered Khalil’s release last summer did not have jurisdiction in the case, potentially leading to his re-arrest.
Khalil, a green card holder married to an American citizen, was arrested by ICE agents in New York City in March and subsequently detained. Despite U.S. District Judge Michael Farbiarz granting his release on bail in June, the 3rd U.S. Circuit Court of Appeals has now ordered the dismissal of Khalil’s petition challenging his detention due to lack of subject-matter jurisdiction.
The initial decision to release Khalil was based on the judge’s determination that he posed no danger or flight risk and that extraordinary circumstances justified his temporary release during his habeas case. However, the recent ruling has overturned this decision, leaving Khalil vulnerable to re-detainment.
Khalil’s detention last year was part of the Trump administration’s crackdown on pro-Palestinian protests, with Secretary of State Marco Rubio citing Khalil’s speech as compromising U.S. foreign policy interests. Judge Farbiarz had previously granted Khalil a preliminary injunction, citing irreparable harm if the government continued its efforts to detain and deport him.
Despite the setback, Khalil remains determined to fight for justice and accountability. He expressed disappointment at the recent ruling but affirmed his commitment to the cause. His lawyers are now exploring the possibility of appealing to the full circuit or even the U.S. Supreme Court.
In response to the ruling, Bobby Hodgson, deputy legal director at the New York Civil Liberties Union, emphasized the importance of addressing the First Amendment violations at the core of Khalil’s case. He condemned the Trump administration’s actions as a violation of constitutional rights and pledged to pursue all legal avenues to vindicate Khalil’s rights.
New York City Mayor Zohran Mamdani also voiced support for Khalil, describing his arrest as an attack on constitutional rights. As threats of re-arrest loom, Mamdani emphasized the importance of ensuring Khalil’s freedom and the protection of free speech rights for all individuals.
The fight for justice and accountability continues for Mahmoud Khalil, as he navigates the complexities of the legal system in pursuit of his rights and the rights of others in similar situations.
