Panel rules activist Khalil can be detained
Legal team may seek review from full court
By: Hannan Adely
NorthJersey.com
USA Today Network - New Jersey
..... A federal appeals court has reversed a lower court ruling that freed Palestinian rights activist Mahmoud Khalil from immigration detention, marking a significant victory for the Trump administration, which has sought to deport hem.
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The U.S. Court of Appeals for the 3rd Circuit in a January 15 [2026] opinion, vacated a previous order that secured Khalil's release from detention and temporarily blocked his removal from the United States.
..... The ruling paves the way for the government to detain Khalil again, but it does not take effect immediately, said Khalil's attorneys, who said that the Trump administration cannot legally re-detain Khalil while he still has the option to seek immediate review.
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His legal team said it was exploring several legal avenues, including asking the full 3rd Circuit Court of Appeals to review the case, which would put the decision of the three-judge panel before all of the court's judges.
..... U.S. District Judge Michael Farbiarz of New Jersey had previously ordered Khalil's release, determining he was not a flight risk and hat his detention was likely unconstitutional. The U.S. government argued that the court lacked jurisdiction.
..... The government sought his removal under a rarely used "foreign policy ground," with Secretary of State Marco Rubio asserting that Khalil's advocacy posed a threat to U.S. foreign policy interests.
..... the appeals court panel found in their 2-1 decision that the district court did not have "subject-matter" authority to order Khalil's release. Under the Immigration and Nationality Act, deportation challenges must first go through immigration courts and federal appeals courts, according to the ruling.
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The decision marks the latest development in Khalil's case since the lawful permanent resident was detained in March [2025] over his pro-Palestinian activism at Columbia University. his detention and the government's efforts to deport him have become a flash-point in a broader debate over free speech protections and the scope of federal authority in immigration enforcement.
..... Khalil, who is married to a U.S. citizen, was arrested March 8 [2025] in the lobby of his student apartment building in Manhattan. A Palestinian born in Syria, he was a spokesman and negotiator for Pro-Palestinain protesters a on campus. He was freed from detention on June 20. [2025]
.... In a statement, Khalil called the court's decision "deeply disappointing."
..... "The door may have been opened for potential-detainment down the line, but it has not closed our commitment to Palestine and to justice and accountability," Khalil said. "I will continue to fight, through every legal avenue and with every ounce of determination, until my rights and the rights of others like me, are fully protected."