Ruling seen as boost for Trump administration’s national security crackdown
January 16, 2025: A US appeals court has overturned a lower court order that had freed Mahmoud Khalil, an activist labelled “pro-Hamas” by authorities, marking a significant legal win for the Trump administration. In a 2–1 ruling, the Third Circuit Court of Appeals dismissed Khalil’s challenge to his detention and deportation, stating that the federal court had overstepped its jurisdiction. The decision clears the way for immigration authorities to potentially re-detain Khalil, although the order does not take immediate effect.
The ruling was welcomed by the US State Department, which described it as a victory for national security. Khalil, however, called the decision “deeply disappointing” and said he would continue his legal fight. A lawful permanent resident of the US, Khalil was arrested last year while pursuing a graduate degree at Columbia University. His detention, which caused him to miss the birth of his first child, became a flashpoint in debates over free speech, immigration law and the Trump administration’s response to anti-Israel campus protests.
The appeals court held that challenges to Khalil’s deportation must be addressed through immigration courts under the Immigration and Nationality Act, rather than federal courts. A dissenting judge warned that this route could prevent meaningful review of Khalil’s constitutional claims. Civil liberties groups have criticised the ruling, arguing it weakens judicial oversight and risks setting a precedent for targeting foreign students over political expression.