A US appeals court ruled a judge lacked jurisdiction to free activist Mahmoud Khalil, a victory for Trump’s deportation policy targeting campus protests.
PHILADELPHIA: A federal appeals court ruled a judge lacked jurisdiction to order the release of pro-Palestinian activist Mahmoud Khalil from immigration detention.
The 2-1 ruling by the 3rd U.S. Circuit Court of Appeals is a victory for the Trump administration’s efforts to deport the Columbia University graduate.
It opens the door to Khalil being rearrested after ordering the dismissal of his lawsuit challenging his initial detention.
ALSO READ: Mahmoud Khalil seeks $20 million from Trump administration over immigration arrest
The court said his claims should have been heard through an appeal of a removal order from an immigration judge.
Khalil was among foreign students detained last year after engaging in pro-Palestinian activism on college campuses.
The ruling could close off a legal avenue many have used to challenge deportation orders if it stands.
Thursday’s ruling came from U.S. Circuit Judges Thomas Hardiman and Stephanos Bibas, both appointed by Republican presidents.
“The scheme Congress enacted provides Khalil a meaningful forum to raise his claims later,” they wrote.
U.S. Circuit Judge Arianna Freeman dissented, appointed by Democratic President Joe Biden.
She said Congress did not mean to foreclose review of Khalil’s claims his detention violates free speech rights.
“Khalil claims the government violated his fundamental constitutional rights,” Freeman wrote.
Khalil said the ruling is “deeply disappointing, but it does not break our resolve.”
His lawyers vowed to appeal the ruling, which does not take immediate effect.
“The door may have been opened for potential re-detainment down the line,” Khalil said.
A Department of Homeland Security spokesperson said Khalil should “self-deport now before he is arrested.”
“Today’s ruling is a vindication of the rule of law,” spokesperson Tricia McLaughlin said.
Khalil was arrested on March 8 by immigration agents at his university residence in Manhattan.
Trump had vowed to deport foreign students who took part in protests he called antisemitic.
Khalil walked out of a Louisiana detention center in June after a judge ordered his release.
The Trump administration appealed, calling that ruling an “unprecedented” intrusion.
An immigration judge ordered Khalil deported to Algeria or Syria in September over his green card application.
His lawyers have said they will appeal that deportation order. – Reuters
