Mahmoud Khalil’s Legal Battles Demonstrate the Divides
January 16, 2026—U.S. courts are struggling to find clarity amid immigration actions that push the limits of constitutional rights. One of the cases that depicts the chaotic scene of mixed signals is the case of Mahmoud Khalil, a legal U.S. resident detained by ICE in March 2025 due to his speech on Israel-Palestine.
As a graduate student at Columbia University, Khalil was a leading voice in the movement to assert that Palestinians have rights at a time of genocide, occupation, and apartheid. He was one of several legal residents and students detained after speaking up for Palestinian rights.
Background: Deportation of Ideas
The detention of Khalil in March 2025 was one of the first times ICE jailed someone and threatened deportation over speech. It took place after Secretary of State Marco Rubio invoked a law relating to deportable aliens (8 U.S.C. § 1227(a)(4)(C)) and insisted that the government is able to deport legal residents whose presence has “potentially serious adverse foreign policy consequences.”
Cases Today
Today, at least three legal battles are in the court system.
First, there is a decision by an immigration judge in Louisiana who was adjudicating removal from the United States through the administrative process. That decision is now under appeal to the Board of Immigration Appeals. If the BIA upholds the order, the case could go to the Fifth U.S. Circuit Court of Appeals.
Second, there is a civil case originating in New Jersey in June 2025 that reached a federal appeals panel decision this week. The result is an order vacating the his habeas corpus petition until after the immigration decision is completed. The full archive of decisions and orders on the Haveas Corpus case are available here:
https://www.courtlistener.com/docket/70611756/mahmoud-khalil-v-president-united-states-of-america
Third, there is the civil lawsuit filed by professors on behalf of students who spoke up for Palestinians against President Trump, Homeland Security Secretary Kristi Noem, and Secretary of State Marco Rubio. That case, Case 1:25-cv-10685-WGY, is in a federal U.S. District Court of Massachusetts. The record of the case and orders is here:
https://www.courtlistener.com/docket/69784731/american-association-of-university-professors-v-rubio
Habeas Corpus, But Not Now
The case on habeas corpus.
Habeas corpus, Latin for “you have the body,” is a fundamental constitutional right against unlawful detention in the United States. It requires authorities to justify their reasons for imprisoning an individual in a court of law, allowing prisoners to challenge their confinement through a petition. The purpose of habeas corpus is to prevent arbitrary imprisonment and ensure due process.
This week, a federal appeals panel on January 15 reversed a lower court decision that released Khalil from ICE detention. The new 70-page ruling does not mean the government can detain him again. But it does impact his habeas corpus petition and his separate case for remediation.
Judges of the 3rd Circuit Court of Appeals in Philadelphia ruled 2-1 to order the lower court to vacate and remand Khalil’s habeas corpus petition. The order said Khalil can still “raise his claims later on” but only after judges in the immigration proceedings rule.
The primary issue cited was a lack of jurisdiction. The question is complicated by the fact that immigration agents moved Khalil from state to state during his detention. ICE agents first took Khalil from his apartment building in New York, moved him to New Jersey, and later relocated him to Louisiana.
According to the ACLU, the opinion does not go into effect immediately. Khalil, meanwhile, vowed to continue to speak up for justice and accountability.
“Today’s ruling is deeply disappointing, but it does not break our resolve,” said Mahmoud Khalil. “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.”
Update on U.S. Immigration Policies: ICE detention has continued at historically high levels while deaths and concerns about medical care in detention have increased. Read our latest investigation into ICE detention conditions.
