Stunning court reversal means Columbia activist may be rearrested

Judges overturn ruling that freed pro-Palestinian activist Mahmoud Khalil

by Sophie Nieto-Munoz, Louisiana Illuminator
January 15, 2026

A pro-Palestinian activist arrested by immigration officials after participating in anti-Israel protests at Columbia University and then freed by a federal judge in New Jersey may be rearrested after a federal appeals court ruled against him Thursday.

The 2-1 decision from the U.S. 3rd Circuit Court of Appeals says Mahmoud Khalil must fight the Trump administration’s attempts to deport him in immigration court, not federal district court. The ruling boots Khalil’s case against the administration back to the district court with instructions for the judge to dismiss the case.

The U.S. Department of Homeland Security called the ruling “a vindication of the rule of law” and threatened to deport Khalil if he does not voluntarily leave the United States.

“It is a privilege to be granted a visa or green card to live and study in the United States of America. The Trump Administration acted well within its statutory and constitutional authority to detain Khalil, as it does with any alien who advocates for violence, glorifies and supports terrorists, harasses Jews, and damages property. We would encourage him to use the CBP Home app and self-deport now before he is arrested, deported, and never given a chance to return,” said spokeswoman Tricia McLaughlin.

Khalil, in a statement from the American Civil Liberties Union, which argued in support of him in court, called the ruling “deeply disappointing.”

“The door may have been opened for potential re-detainment down the line, but it has not closed our commitment to Palestine and to justice and accountability. 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,” he said.

Khalil, a legal permanent resident of the United States who was born in Syria, was arrested March 8, 2025, with U.S. Secretary of State Marco Rubio saying Khalil’s advocacy meant his continued presence in the United States “would have potentially serious adverse foreign policy consequences.” The Trump administration has also argued that he failed to disclose certain information on his green card application, amounting to fraud.

He was transferred from New York City to New Jersey before landing in a Louisiana detention center for months. Attorneys filed a writ of habeas corpus against the Trump administration — that’s a legal action taken to challenge incarceration — while Khalil was at the Elizabeth Detention Center, which is why parts of his case were fought in New Jersey.

While fighting for his release in federal court in New Jersey, an immigration judge in Louisiana sided with the Trump administration and said Khalil could be deported. He appealed that ruling to the Board of Immigration Appeals, and that case is still pending. In June, U.S. District Court Judge Michael Farbiarz, overseeing Khalil’s petition for release in New Jersey, ordered him freed, ruling that his detention was likely unconstitutional. The federal government appealed to the 3rd Circuit, leading to Thursday’s ruling in the Trump administration’s favor.

Judges Thomas Hardiman and Stephanos Bibas, writing for the majority, said the federal Immigration and Nationality Act demands that, with some exceptions, people fighting deportation orders must do so in immigration court, not federal district court.

“That scheme ensures that petitioners get just one bite at the apple — not zero or two. But it also means that some petitions, like Khalil’s, will have to wait to seek relief for allegedly unlawful government conduct,” the judges wrote.

The judges added that because the Board of Immigration Appeals has set an expedited schedule for Khalil’s appeal of the immigration judge’s deportation order, he will be able to quickly challenge the decision.

It is rare for the Board of Immigration Appeals to side with non-citizens challenging deportation orders.

Judge Arianna Freeman, writing in a partial dissent, said she believes the district court was the correct place for Khalil to challenge his detention. Freeman warned that once his case is heard solely by an immigration court, the injuries he suffered during detention may get “no review, let alone meaningful review.”

Hardiman was appointed to the 3rd Circuit by the second Bush administration, Bibas by President Donald Trump, and Freeman by Joe Biden.

Louisiana Illuminator is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Louisiana Illuminator maintains editorial independence. Contact Editor Greg LaRose for questions: info@lailluminator.com.