A federal appeals court in the United States has delivered a significant blow to a prominent pro-Palestinian activist, reinstating the legal pathway for his potential deportation. The court overturned a previous ruling that had secured his release from immigration detention.
Court Reversal Hands Victory to Trump Administration
On Thursday, a panel of the Philadelphia-based third US circuit court of appeals ruled 2-1 to reverse a lower court decision. That earlier decision had ordered the release of Mahmoud Khalil, a former Columbia University graduate student and permanent resident, from Immigration and Customs Enforcement (ICE) detention back in June.
The ruling represents a clear victory for Donald Trump’s administration and its ongoing efforts to deport the activist. Judges Thomas Hardiman and Stephanos Bibas formed the majority, arguing that federal immigration law prevented the lower court from having jurisdiction over Khalil's case.
The Legal Argument: "One Bite at the Apple"
In their written opinion, Judges Hardiman and Bibas stated that the congressional framework for immigration proceedings required Khalil to raise his claims at a later stage. They indicated his case for release should have been addressed by an immigration court first.
"The scheme Congress enacted governing immigration proceedings provides Khalil a meaningful forum in which to raise his claims later on–in a petition for review of a final order of removal," the judges wrote. They added that the system ensures petitioners get "just one bite at the apple–not zero or two." This logic means Khalil must wait to challenge what he alleges is unlawful government conduct.
Background of the Activist and Widespread Criticism
Mahmoud Khalil is a recent Columbia University graduate who gained prominence for his role in pro-Palestinian campus activism. He helped organise protests and encampments calling for a ceasefire in Gaza and an end to US support for Israel.
His initial detention by immigration authorities last year sparked widespread condemnation from civil liberties groups. They accused the Trump administration of unlawfully targeting and cracking down on pro-Palestinian speech and activism through immigration channels.
The portrait of Khalil at his apartment in Brooklyn, New York, on 25 August 2025, following his release, now stands as a temporary moment of freedom, with his legal status once again thrown into uncertainty by this latest appellate decision.
