An appeals court panel in the United States has moved to dismiss a petition by Palestinian activist Mahmoud Khalil challenging his detention and deportation, handing a boost to the administration of President Donald Trump.
In a two-to-one ruling on Thursday, the judges concluded that the federal court that ordered Khalil’s release last year lacked jurisdiction over the matter.
The ruling potentially enables the re-arrest of Khalil, who missed the birth of his first child while he was detained by immigration authorities last year. But the order does not go into effect immediately, and Khalil has signalled that he plans to appeal.
“Today’s ruling is deeply disappointing, but it does not break our resolve,” Khalil said in a statement.
“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.”
The Palestinian activist, born in Syria and holding Algerian citizenship, is a lawful permanent resident and married to a US citizen.
Khalil, who was pursuing a graduate degree at Columbia University in New York, is one of dozens of foreign students that the Trump administration has targeted for deportation over their criticism of Israel.
Rights advocates argue that the campaign violates US free speech rights to stifle criticism of a foreign nation.
On Thursday, New York City Mayor Zohran Mamdani voiced concern about the ruling.
“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,” Mamdani wrote on X. “Now, as the crackdown on pro-Palestinian free speech continues, Mahmoud is being threatened with rearrest. Mahmoud is free – and must remain free.”
