Khalil asks Supreme Court to hear deportation case

Mahmoud Khalil, a lawful permanent U.S. resident and former Columbia University graduate student, has asked the Supreme Court to hear his case regarding the legality of his detention. His lawyers filed a petition on Monday seeking to overturn a ruling by the 3rd U.S. Circuit Court of Appeals, which determined that federal judges lack jurisdiction to review the legality of immigration detentions until immigration courts have fully considered each case.

The Legal Dispute

Khalil was detained by immigration authorities in March 2025 following his participation in pro-Palestinian demonstrations at Columbia University in the spring of 2024. The U.S. government argued that his presence in the country was harmful to foreign policy interests. He spent 104 days in a Louisiana detention center before a federal judge in New Jersey ordered his release in June 2025, finding that the government had acted unconstitutionally.

The 3rd Circuit Court of Appeals later ruled against Khalil, agreeing with the Trump administration that federal law bars judges from considering his arguments until he has exhausted his options in the immigration system, which is handled under the Department of Justice. Khalil’s legal team argues that this requirement allows the administration to prolong proceedings and punish individuals while they wait.

Baher Azmy, a lawyer for Khalil and legal director of the Center for Constitutional Rights, stated that habeas corpus is an "essential check on the kind of arbitrary detention here." In their petition, Khalil’s counsel warned that allowing the appeals court’s decision to stand would give the government "a powerful and unprecedented weapon to silence its critics" and chill the speech of others, including U.S. citizens.

Government Position

The U.S. Department of Justice argues that Khalil made multiple failures upon his 2022 entry to the United States, including failing to disclose prior associations when applying for his visa and green card, and working for the U.N. Relief and Works Agency for Palestine Refugees (UNRWA). UNRWA came under scrutiny after Israel provided information alleging that some of its employees had ties to Hamas’s Oct. 7, 2023, attack. The Biden administration cut ties with the agency in 2024, and the Trump administration has continued that position.

In a March filing last year, the government wrote, "Regardless of his allegations concerning political speech, Khalil withheld membership in certain organizations," arguing that misrepresentations in immigration applications are not protected speech.

The U.S. Department of Homeland Security issued a statement on Monday asserting that the Trump Administration "acted well within its statutory and constitutional authority with respect to Khalil, as it does with any alien who advocates for violence, glorifies and supports terrorists, harasses Jews, and damages property." The department added, "We would encourage him to use the CBP Home app and self-deport."

Implications and Next Steps

The Supreme Court rejects most petitions seeking review, but the issue of when federal courts can review immigration-related claims is already before the justices in a separate case involving Badar Khan Suri, a Georgetown University postdoctoral scholar. The U.S. Court of Appeals for the 4th Circuit ruled that federal courts could hear Suri’s challenge, a decision that directly conflicts with the 3rd Circuit’s ruling in Khalil’s case. Conflicting appeals court rulings can increase the likelihood that the Supreme Court agrees to hear a case.

Khalil remains free while his case continues. He has also appealed a final deportation order to the Fifth Circuit Court of Appeals. Khalil told reporters on Monday that his case is "way bigger than me," stating, "I see it as a way that this administration would continue to go after everybody that opposes them."

Why it matters

The outcome of this petition could determine whether noncitizens, including lawful permanent residents, can challenge the legality of their detention in federal court immediately or must wait for immigration court proceedings to conclude. This distinction affects the ability of individuals to invoke habeas corpus protections against what their lawyers describe as retaliatory detention for protected speech.

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Sources

• washingtonexaminer.com: Mahmoud Khalil asks Supreme Court to hear deportation case
• nbcnews.com: Mahmoud Khalil asks Supreme Court to let U.S. judges quickly reverse immigration detentions
• nydailynews.com: Pro-Palestinian activist Mahmoud Khalil asks U.S. Supreme Court to hear his case
• bozemandailychronicle.com: Activist Mahmoud Khalil asks Supreme Court to let US judges quickly reverse immigration detentions
• middleeasteye.net: Mahmoud Khalil petitions US Supreme Court to hear his free speech case | Middle East Eye

This article was drafted with AI assistance and checked against the sources above. Company claims are reported as claims. Cover image is AI-generated.