A federal appeals court reversed a lower court order Thursday blocking the deportation of Mahmoud Khalil, the Columbia University graduate student arrested last year for his pro-Palestinian activism.
The Third Circuit's decision vacates the New Jersey District Court injunction that had released him and prevented his deportation. The 2-1 decision means Khalil could be rearrested while he waits for immigration courts to issue a final decision.
Khalil, an Algerian citizen and lawful permanent resident of the United States, was arrested in March 2025 after Secretary of State Marco Rubio claimed his presence would have "serious adverse foreign policy consequences" for the U.S.
Khalil had been a vocal critic of Israel's military operations in Gaza, calling them "a genocide," and helped organize pro-Palestinian events as president of Columbia's Palestinian Student Society. He also faces a fraud charge alleging he failed to disclose past employment and organizational memberships on his immigration applications.
In a partial dissent, Judge Arianna Freeman, an appointee of former President Joe Biden, argued the district court had jurisdiction because Khalil's First Amendment claims cannot be meaningfully remedied later.
"The loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury," she wrote.
