A federal appeals court is providing former Columbia University graduate student Mahmoud Khalil with additional time to contest the Trump administration's attempts to deport him. Khalil, a lawful permanent resident of the United States, was taken into custody by immigration authorities last year due to his involvement in pro-Palestinian demonstrations at Columbia University during the spring of 2024.
Background of the Case
The U.S. government argued that Khalil's continued presence in the country was detrimental to its foreign policy interests. Following months of detention, a federal judge in New Jersey ordered his release, ruling that the government had acted unconstitutionally.
The 3rd U.S. Circuit Court of Appeals subsequently reviewed the case and determined that the New Jersey judge lacked the authority to intervene, stating that the matter should first proceed through immigration courts.
Appeals Court Decision
On Tuesday, however, the appeals court announced it would stay its ruling while Khalil petitions the U.S. Supreme Court. Brett Max Kaufman, senior counsel with the American Civil Liberties Union, which is part of Khalil's legal team, expressed gratitude for the decision. “We look forward to asking the Supreme Court to make clear that the government cannot use the threat of detention and deportation to silence dissent,” he said in a statement.
An appeal to the high court is anticipated in the coming months, possibly by late summer. The U.S. Department of Homeland Security has not yet commented on the ruling.
Ongoing Legal Proceedings
As directed by the court, Khalil's lawyers have also pursued his case in immigration courts, albeit without success so far. He now has a separate appeal of those proceedings pending before the 5th U.S. Circuit Court of Appeals in Louisiana.
Tuesday's stay by the 3rd Circuit provides Khalil with an additional layer of protection against potential re-arrest and deportation while his other appeals remain unresolved. The court did not provide a reason for its decision but noted that if no timely petition is filed, parties must inform the court in writing.
