Appeals Court Clears Path To Rearrest Of Mahmoud Khalil, Figure Behind Antisemitic Columbia Protests

A federal appeals court on Thursday reopened the door for the possible rearrest of Mahmoud Khalil, a Columbia University graduate who emerged as a central organizer of the disruptive, antisemitic campus protests that erupted in support of Hamas during Israel’s war in Gaza.

While any new detention would not be immediate and Khalil’s legal team plans to appeal, the ruling by the U.S. Court of Appeals for the Third Circuit dealt a significant setback to Khalil, whose case has been championed by activists despite his prominent role in demonstrations that paralyzed campus life and intimidated Jewish students.

Khalil, a legal permanent resident married to an American citizen and the father of a U.S.-born child, was among the first students arrested after participating in anti-Israel protests that repeatedly crossed into open antisemitism. Those protests, particularly at Columbia, drew national attention for their support of Hamas and for incitemen against Jewish students.

He was arrested in March and held for more than three months in a Louisiana detention facility, even as courts released others in similar cases.

In a split decision, Judges Thomas Hardiman and Stephanos Bibas ruled that the New Jersey federal judge who ordered Khalil’s release lacked the authority to do so. They said the case should have been handled first by an immigration court, not a district court. Judge Arianna J. Freeman dissented, arguing that Khalil had shown irreparable harm and alleged violations of his fundamental rights.

Judges Hardiman and Bibas were appointed by Presidents George W. Bush and Donald Trump, respectively, while Judge Freeman was appointed by President Joe Biden.

Khalil’s attorney, Baher Azmy, criticized the ruling, saying: “We are disappointed with and strongly disagree with the majority opinion, but take heart in the very powerful and persuasive dissenting opinion. We’ll continue to fight with all available legal options.”

The appeals court ordered U.S. District Judge Michael E. Farbiarz to dismiss Khalil’s habeas petition, finding that immigration law required Khalil to challenge his detention and deportation through the immigration court system first.

The Trump administration initially moved to deport Khalil based on a determination by Secretary of State Marco Rubio, who argued that Khalil’s presence in the United States contributed to the spread of antisemitism. Rubio relied on a rarely used statute to justify removal.

After Khalil’s lawyers challenged the detention, the administration added a second basis for deportation, alleging Khalil failed to disclose affiliations with several organizations when applying for residency in March 2024.

Judge Farbiarz later ruled that the statute cited by Rubio was likely unconstitutional and ordered Khalil released. Deportation proceedings were subsequently paused while the case moved to the Board of Immigration Appeals.

Thursday’s ruling could allow those proceedings to resume, unless Khalil’s lawyers succeed in securing review by the full Third Circuit, a move that would temporarily halt further action.