Mahmoud Khalil, a graduate of Columbia University and a Palestinian activist, requested on Monday that the U.S. Supreme Court overturn a ruling that set the stage for his detention and subsequent deportation by the previous U.S. government under Donald Trump.
Legal Background of Khalil's Request
Khalil's lawyers have asked the Supreme Court to take up the case, as the Third Circuit Court of Appeals in Philadelphia ruled that federal immigration laws prevent a lower court judge from issuing an order for his release from detention by U.S. Immigration and Customs Enforcement (ICE).
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Khalil was one of the most prominent foreign students detained last year following the Trump administration's actions to detain and deport non-citizens participating in pro-Palestinian activities at universities.
Legal and Social Implications
Khalil's lawyers believe the Supreme Court should clarify that immigration laws do not prevent individuals who are being prosecuted for expressing their beliefs from pursuing legal claims. In this regard, Khalil stated: "If the Trump administration can punish someone for their pro-Palestine speech, then this or any future administration can punish anyone for any speech."
If the appellate court's decision is upheld, Khalil faces the risk of detention and deportation, as the immigration appeals board rejected his challenge to a judge's order for deportation to Algeria or Syria last April.
Currently, an order from a lower court preventing his re-detention remains in effect until the Supreme Court issues its ruling. Additionally, a separate request regarding the immigration judge's order is still pending.
Khalil, who is a prominent figure in pro-Palestinian demonstrations against the war in Gaza, is an Algerian citizen and was born in a Palestinian refugee camp in Syria. He was arrested in March 2025 in the lobby of his university residence in Manhattan, despite being a legal permanent resident (green card holder). His wife and one-year-old child are both U.S. citizens.
Marco Rubio, the Secretary of State, cited an ambiguous provision of immigration and nationality law and deemed him deportable due to his activities in "anti-Semitic demonstrations and disruptive activities" at Columbia in 2024. He was released from a detention center in Louisiana in June 2025.
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