Free on appeal, activist Mahmoud Khalil asks Supreme Court to let judges quickly reverse immigration detentions

Khalil challenges court ruling

In papers filed Monday, Khalil asked the Supreme Court to overturn a decision by the 3rd U.S. Circuit Court of Appeals in Philadelphia. The appeals court ruled that federal courts cannot review the legality of immigration detentions until immigration courts have fully considered each case.

Khalil, a lawful permanent U.S. resident, was detained last year over his participation in pro-Palestinian demonstrations at Columbia University in spring 2024. The government said his presence in the United States harmed its foreign policy interests.

Detention and release

Khalil, a former Columbia graduate student, spent more than three months in detention. A federal judge in New Jersey ordered his release after finding the government had acted unconstitutionally.

Government defends its actions

In a statement Monday, the Department of Homeland Security said the Trump administration acted within its statutory and constitutional authority. It accused Khalil of advocating violence, glorifying and supporting terrorists, harassing Jews and damaging property.

A possible Supreme Court review

The Supreme Court accepts only a small percentage of appeals. However, the government has also asked it to overturn a ruling that upheld the release of Georgetown University scholar Badar Khan Suri.

That decision, from the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, conflicts directly with the 3rd Circuit ruling in Khalil’s case. Conflicting appeals court decisions can increase the likelihood that the Supreme Court will take up a case; if it does, arguments would likely be held next year.