On Monday, Mahmoud Khalil, an Algerian citizen born in a Palestinian refugee camp in Syria, filed a petition with the U.S. Supreme Court seeking to overturn a 3rd Circuit ruling that could allow the Trump administration to re‑arrest and deport him from New York.
Khalil was detained in March 2025 in the lobby of his Columbia University residence by ICE agents, despite holding a lawful permanent resident status; his wife and one‑year‑old son are U.S. citizens.
A 2024 federal judge, appointed by former President Joe Biden, ordered DHS to release Khalil from a Louisiana detention facility after a New Jersey judge deemed the government’s removal order unlawful; however, a 3‑judge panel of the 3rd Circuit reversed that decision, holding that such claims must first be heard by an immigration judge.
Secretary of State Marco Rubio invoked a rarely used provision of the Immigration and Nationality Act in April to label Khalil “removable” because of his alleged antisemitic protests at Columbia, a move that critics say criminalises protected speech.
If the Supreme Court upholds the 3rd Circuit’s ruling, Khalil will likely face immediate re‑arrest and deportation, setting a precedent that future administrations could use to target activists nationwide.
The Court has scheduled oral arguments for May 15, and its decision will determine whether Trump‑era immigration policy can be applied to pro‑Palestinian activists.