US appeals court ruling raises prospect of rearrest of anti-Israel activist Mahmoud Khalil

A US federal appeals panel on Thursday reversed a lower court decision that released former Columbia University graduate student Mahmoud Khalil from an immigration jail, bringing the US government a step closer to detaining and ultimately deporting the Palestinian anti-Israel activist.

The three-judge panel of the 3rd US Circuit Court of Appeals didn’t rule on the key issue in Khalil’s case: whether the White House’s effort to throw Khalil out of the US over his campus activism and criticism of Israel is unconstitutional.

But in its 2-1 decision, the panel ruled a federal judge in New Jersey didn’t have jurisdiction to decide the matter at this time. Federal law requires the case to fully move through the immigration courts before Khalil can challenge the decision, they wrote.

“That scheme ensures that petitioners get just one bite at the apple — not zero or two,” the panel wrote. “But it also means that some petitioners, like Khalil, will have to wait to seek relief for allegedly unlawful government conduct.”

The law bars Khalil “from attacking his detention and removal in a habeas petition,” the panel added.

It was not clear whether the US government would seek to detain Khalil, a legal permanent resident, again while his legal challenges continue.

Thursday’s decision marked a major win for the White House’s sweeping campaign to detain and deport noncitizens who joined protests against Israel.

In a statement distributed by the American Civil Liberties Union, Khalil said the appeals ruling was “deeply disappointing, but it does not break our resolve.”

He added: “The door may have been opened for potential re-detainment down the line, but it has not closed our commitment to Palestine and to justice and accountability. I will continue to fight, through every legal avenue and with every ounce of determination, until my rights, and the rights of others like me, are fully protected.”

Baher Azmy, an attorney for Khalil, called the ruling disappointing and “contrary to rulings of other federal courts.” He noted the panel’s finding concerned a “hypertechnical jurisdictional matter,” rather than the legality of the US government’s policy.

“Our legal options are by no means concluded, and we will fight with every available avenue,” he added, saying Khalil would remain free pending the full resolution of all appeals, which could take months or longer.

Khalil’s lawyers can request that the active judges on the 3rd Circuit hear an appeal, or they can go to the US Supreme Court.

New York City Mayor Zohran Mamdani posted on X in support of Khalil on Thursday, saying he must “remain free.”

“Last year’s arrest of Mahmoud Khalil was more than just a chilling act of political repression; it was an attack on all of our constitutional rights,” wrote Mamdani. “Now, as the crackdown on pro-Palestinian free speech continues, Mahmoud is being threatened with rearrest. Mahmoud is free—and must remain free.”

Last year's arrest of Mahmoud Khalil was more than just a chilling act of political repression, it was an attack on all of our constitutional rights. Now, as the crackdown on pro-Palestinian free speech continues, Mahmoud is being threatened with rearrest. Mahmoud is free—and…

— Mayor Zohran Kwame Mamdani (@NYCMayor) January 15, 2026

Mamdani, whom critics have accused of tolerating violent anti-Israel rhetoric and antisemitism from inside his political camp, was a vocal supporter of Khalil during the recent mayoral election

The democratic-socialist mayor has a history of anti-Israel activism.

Khalil, 30, was the head of Columbia University Apartheid Divest (CUAD), a coalition of anti-Israel campus activists, while he was a graduate student at Columbia.

After the Gaza war was sparked by the Hamas-led onslaught of October 7, 2023, CUAD led disruptive protests at Columbia as the campus became an epicenter of anti-Israel activism. Israelis and Jews at Columbia, and a university antisemitism task force, reported widespread antisemitism during the turmoil.

CUAD has endorsed violence, called for “the total eradication of Western civilization,” backed the October 7 attack, applauded US-designated terror groups, distributed Hamas propaganda at a university library and supported an activist imprisoned for assaulting Jewish Columbia students.

Khalil, an Algerian citizen born to a Palestinian family in a refugee camp in Syria, became a high-profile figure after his arrest in March as part of the US government’s crackdown on anti-Israel activism and antisemitism on college campuses.

The government has justified the arrest under a seldom-used statute that allows for the expulsion of noncitizens whose beliefs are deemed to pose a threat to US foreign policy interests. He has also been accused of failing to disclose information on his green card application.

Khalil was held in custody until he secured a court-ordered release in June. He has waged a legal battle against deportation since then, as authorities continued to seek his removal from the US.

During his release, Khalil also resumed his activism, appearing at protests and in the media. He has recently defended the Hamas invasion of Israel, denied any antisemitism at Columbia, met with Sen. Bernie Sanders, called for the “collapse” of the “Zionist genocidal project,” and applauded anti-Zionist Jews.

Times of Israel staff contributed to this report.