US Court Rules in Favor of Trump Against Pro-Palestinian Activist Mahmoud Khalil
US Appeals Court Rejects Palestinian Activist's Request
A panel from a US Appeals Court has opted to deny a request from Palestinian activist Mahmoud Khalil, who was contesting his arrest and deportation, thus giving an advantage to President Donald Trump's administration. In a two-to-one ruling, the judges concluded that the federal court that ordered Khalil's release last year did not have jurisdiction over the case.
The decision may allow for Khalil's re-arrest, who missed the birth of his first child while detained by immigration authorities last year. His lawyers intend to contest this ruling. The Palestinian activist, born in Syria and of Algerian nationality, is a lawful permanent resident and married to an American citizen. Khalil, who was pursuing a graduate program at Columbia University, is among the many foreign students targeted for deportation by the Trump administration due to their criticism of Israel.
Rights advocates argue that this campaign infringes on free speech rights in the US, aimed at curbing criticism of a foreign nation. Khalil's case was being examined through two avenues: one in federal courts via a habeas corpus petition claiming his arrest was illegal, and another in immigration administrative courts contesting his deportation. The appeals panel supported the government's argument that only immigration courts had jurisdiction over the matter under the Immigration and Nationality Act (INA).
“Our decisions uphold essential principles of habeas and immigration law,” stated the court. “The scheme adopted by Congress regarding immigration procedures provides Khalil with a meaningful forum in which to later present his arguments – in a petition for review of a final deportation order. Therefore, we will VACATE and REMAND with instructions to dismiss Khalil's habeas petition.”
It remains unclear how immediately this ruling will impact Khalil's broader case and the situation of other students like him. Federal courts have released multiple students – including Turkish researcher Rumeysa Ozturk – based on habeas petitions.
