Pro-Palestinian activist Mahmoud Khalil's legal battle will continue despite US court decision

The legal battle of Columbia University graduate and Palestinian activist Mahmoud Khalil to remain in the United States continues, despite a recent setback in his case.

Last week, a 2-1 decision by the Philadelphia-based Third Circuit Court of Appeals said he should move forward with his case in immigration court, opening the possibility that he could be detained again.

"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. I will continue to fight, through every legal avenue and with every ounce of determination, until my rights, and the rights of others like me, are fully protected," Khalil said in a public statement issued by the Centre for Constitutional Rights.

Thursday's decision to have him pursue his case in immigration courts poses a challenge for him, as these courts rarely reverse deportation orders. In September, an immigration judge in Louisiana, where he had been incarcerated for around three months, ordered him deported to Syria, where he lived prior to the US, or Algeria, where he has citizenship.

The other way he has been pursuing his case is in the federal court in New Jersey, which led to his release.

The two judges who said Khalil's case should move forward in immigration court were appointed by Presidents George W. Bush and Donald Trump, while the one who opposed the decision was appointed by Joe Biden.

Thursday's order did not address the First Amendment arguments in Khalil's case. A previous district court decision found that his detention was unconstitutional.

"The Trump administration violated the Constitution by targeting Mahmoud Khalil, detaining him thousands of miles from home, and retaliating against him for his speech. Dissent is not grounds for detention or deportation, and we will continue to pursue all legal options to ensure Mahmoud's rights are vindicated," Bobby Hodgson, deputy legal director at the New York Civil Liberties Union, said in a public statement.

Recently elected New York Mayor Zohran Mamdani also weighed in on the decision, condemning the move in a social media post.

"Last year's arrest of Mahmoud Khalil was more than just a chilling act of political repression; it was an attack on all of our constitutional rights. Now, as the crackdown on pro-Palestinian free speech continues, Mahmoud is being threatened with rearrest. Mahmoud is free—and must remain free," he wrote on X, formerly Twitter.

Prior to becoming mayor, he also wrote social media posts condemning the arrest and detention of Khalil.

Though most elected officials have remained silent in response to Khalil's case, he continues to have strong support among free speech advocates, who argue that his First Amendment rights were violated with his arrest, detention and removal order.

Khalil, a US permanent resident, was arrested in his New York City flat building in March 2025 by immigration enforcement agents. He was accused of providing false information on his application, which he denied. In July 2025, he filed a $20 million lawsuit against the Trump administration.