A US appeals court on Thursday overturned a ruling that led to the release of prominent pro-Palestinian activist Mahmoud Khalil, raising the possibility of his rearrest, according to court documents. Khalil, a legal permanent resident married to a US citizen, was detained by immigration authorities for three months beginning in March over alleged threats to US foreign policy interests.
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Khalil, a former Columbia University student and a visible leader of nationwide pro-Palestinian campus protests, was released in June after a New Jersey federal judge deemed his detention unlawful. However, Thursday’s decision by the Philadelphia-based 3rd US Circuit Court of Appeals concluded that the district court did not have “subject-matter” jurisdiction over the case, asserting that it should have been adjudicated in immigration court.
Appeals court slaps down judge who ordered the release of Mahmud Khalil, it turns out, having no jurisdiction!
DEPORT THIS VERMIN, NOW. pic.twitter.com/Yg3Jj4Ai7i
— Saul Montes-Bradley (@Debradelai) January 15, 2026
“Today’s ruling is deeply disappointing, but it does not break our resolve,” Khalil said in a statement. “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.” The ruling does not take immediate effect, meaning Khalil remains free for the time being.
The 2-1 decision dismisses Khalil’s lawsuit challenging his initial detention, with Judges Thomas Hardiman and Stephanos Bibas noting that the Immigration and Nationality Act provides Khalil a “meaningful forum” to raise his claims through a petition for review of a final removal order. Judge Arianna Freeman dissented, arguing that Khalil’s constitutional claims under the First Amendment merit judicial review, citing “irreparable injuries” suffered during his detention.
Khalil’s legal team and the American Civil Liberties Union stated that they plan to pursue all available legal avenues, including appealing the ruling. In September, an immigration judge in Louisiana ordered Khalil’s deportation to Algeria or Syria for alleged misrepresentation in his residency application, a decision currently under appeal.
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The case highlights the ongoing legal and political complexities surrounding Khalil, whose activism has made him a polarising figure in US debates over immigration and free speech.