Mahmoud Khalil Asks SCOTUS to Step In on Immigration Detentions

Palestinian activist Mahmoud Khalil asked the Supreme Court on Monday to let federal judges quickly determine the legality of immigration-related detentions so that people cannot be held for months or years without judicial oversight, the AP reports. In papers filed with the high court, Khalil asked it to overturn a ruling earlier this year by the 3rd US Circuit Court of Appeals in Philadelphia that found federal courts do not have jurisdiction to review the legality of the detentions until immigration courts had fully considered each case. Khalil, a lawful permanent US resident, was detained by immigration authorities last year because of his participation in pro-Palestinian demonstrations at Columbia University in the spring of 2024.

The US government argued at the time that Khalil's presence in the US was harmful to the country's foreign policy interests. As a result, the former Columbia graduate student spent over three months in detention before a federal judge in New Jersey ordered him freed after finding that the federal government had acted unconstitutionally. Khalil told a remote news conference Monday that the appeal was "bigger than just my ability to stay here." He said he wanted to ensure that thousands of immigrants, documented or not, can challenge the Trump administration's "unlawful" attempts to stop protected speech. He said the administration knows "all too well its baseless allegations and smears against me cannot survive the slightest scrutiny in federal courts," so it wants to channel it into "kangaroo" immigration courts where it can control the outcome.

In a statement Monday, the US Department of Homeland Security said: "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 with respect to 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." The 3rd Circuit has put its ruling on hold so that Khalil could appeal to the Supreme Court. He remains free.