Mahmoud Khalil Petitions Supreme Court to Expedite Judicial Review of Immigration Detentions

POLICY WIRE — Washington, USA — Palestinian activist Mahmoud Khalil submitted a petition to the Supreme Court on Monday, seeking to grant federal judges the authority to rapidly assess the legality of immigration-related detentions. The move aims to prevent individuals from languishing in custody for extended periods without proper judicial oversight.

The appeal challenges a decision issued earlier this year by the 3rd U.S. Circuit Court of Appeals in Philadelphia. That court ruled that federal judges lack the jurisdiction to intervene in detention legality until immigration courts have concluded their own proceedings.

Khalil, a lawful permanent resident of the United States, was taken into custody by immigration officials last year following his involvement in pro-Palestinian protests at Columbia University during the spring of 2024. At the time, the U.S. government contended that his presence in the country posed a threat to national foreign policy interests.

Following his detention, the former Columbia graduate student spent more than three months in custody. He was eventually released after a federal judge in New Jersey determined that the government’s actions were unconstitutional.

During a remote press conference on Monday, Khalil emphasized that his legal challenge extends beyond his own residency status. He stated that he aims to protect thousands of immigrants, regardless of their documentation status, from what he described as the Trump administration’s unlawful efforts to suppress protected speech.

Khalil further argued that the administration is attempting to funnel cases into immigration courts to control outcomes, claiming the government knows its baseless allegations and smears against me cannot survive the slightest scrutiny in federal courts.

In response, the U.S. Department of Homeland Security issued a statement on Monday asserting that living in the U.S. is a privilege. The department maintained that the Trump Administration acted well within its statutory and constitutional authority regarding Khalil, citing allegations that he advocates for violence, glorifies and supports terrorists, harasses Jews, and damages property. The agency added that it would encourage him to use the CBP Home app and self-deport.

While the 3rd Circuit has stayed its ruling to allow for the Supreme Court appeal, Khalil remains free. The Supreme Court typically accepts only a small fraction of cases, but the existence of a conflicting ruling from the 4th U.S. Circuit Court of Appeals—which upheld the release of Georgetown University scholar Badar Khan Suri—could increase the likelihood of the justices taking up the matter.

Should the Supreme Court decide to hear the case, oral arguments would likely be scheduled for next year.

Reporting by Policy-Wire (PW)