Federal appeals court hands Trump admin a win in Mahmoud Khalil case

A federal appeals courtroom dominated Thursday {that a} decrease courtroom choose lacked the authority to order the discharge of anti-Israel activist Mahmoud Khalil, who sided with the Trump administration in a intently watched immigration case.

In a 2-1 choice, a three-judge panel of the third U.S. Circuit Court docket of Appeals dominated that U.S. District Decide Michael Farbiarz of New Jersey didn’t have “topic jurisdiction” beneath federal immigration legislation to halt the Trump administration’s efforts to take away Khalil.

Khalil was ordered launched from authorities detention on June 20 after being arrested at his New York Metropolis house by Homeland Safety Investigations particular brokers in early March.

White Home spokeswoman Abigail Jackson informed Fox Information Digital in a press release: “Mahmoud Khalil was given the privilege to return to America to check on a scholar visa he obtained by way of fraud and misrepresentation. As we have now all the time maintained, the manager department has the lawful authority to take actions that can defend the general public and make sure the integrity of our immigration system.”

FEDERAL JUDGE SIDES ANTI-ISRAEL RING LEADER MAHMOUD KHALIL, STOPS TRUMP ADMINISTRATION’S DEPORTATION BID

Mahmoud Khalil attends a vigil and protest for Gaza exterior Columbia College in New York Metropolis, October 7, 2025. (Adam Grey/Getty Pictures)

“Khalil obtained his visa by willfully and willfully failing to precisely report info related to his background. Those that misinform the federal government to realize entry into the USA might be delivered to justice,” Jackson mentioned.

Judges Thomas Hardiman, a George W. Bush appointee, and Stephanos Bibas, a Donald Trump appointee, argued that the district courtroom initially had habeas jurisdiction over Khalil’s petition however finally lacked “topic jurisdiction” beneath the Immigration and Nationality Act to intervene in his elimination proceedings.

“Our holdings vindicate important tenets of habeas and immigration legislation. Congress’s plan for immigration proceedings gives Khalil with a significant discussion board during which he could later advance his claims – in a petition for overview of a last order of elimination. We’ll subsequently VACATE and REMAND with directions to disclaim Khalil’s habeas petition,” the bulk wrote of their opinion.

READ THE COURT’S OPINION – APP USERS, CLICK HERE:

The American Civil Liberties Union mentioned in a press release that the advisory won’t take impact instantly and that the Trump administration can not lawfully detain Khalil once more whereas he has the flexibility to request rapid overview.

DOJ ARGUES THAT JUDGE’S DECISION TO BLOCK MAHMOUD KHALIL’S REMOVAL WAS ‘INDEFENSIBLE’

“Right this moment’s ruling may be very disappointing, however doesn’t break our resolve,” Khalil mentioned. “The door could have been opened to attainable rearrest sooner or later, but it surely has not closed our dedication to Palestine and to justice and accountability. I’ll proceed to struggle, by way of each authorized avenue and with each ounce of willpower, till my rights, and the rights of others like me, are totally protected.”

The choice marked a significant victory for the Trump administration in its effort to deport Khalil, a lawful everlasting resident of the U.S. and former graduate scholar at Columbia College.

Secretary of State Marco Rubio mentioned this in April memo obtained by CNN mentioned Khalil’s presence in the USA would have “probably critical opposed international coverage penalties and jeopardize a compelling American international coverage curiosity.”

Secretary of State Marco Rubio holds his year-end press convention on the Division of State in Washington, DC, December 19, 2025. (Kevin Mohatt/Reuters)

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“These choices are primarily based on info supplied by DHS/ICE/HSI concerning the participation and roles of [redacted] and Khalil in anti-Semitic protests and disruptive actions, which promote a hostile surroundings for Jewish college students in the USA,” Rubio famous.

“The general public actions and continued presence of [redacted] and Khalil in the USA undermine U.S. insurance policies to fight anti-Semitism world wide and in the USA, along with efforts to guard Jewish college students from harassment and violence in the USA,” he added.