Mahmoud Khalil Appeals Deportation Fight to Supreme Court After 6-5 Third Circuit Rebuff
Updated
Updated · The New York Times · May 22
Mahmoud Khalil Appeals Deportation Fight to Supreme Court After 6-5 Third Circuit Rebuff
5 articles · Updated · The New York Times · May 22
A 6-5 Third Circuit vote on Friday refused to revisit Mahmoud Khalil’s case, prompting his lawyers to move immediately toward a Supreme Court appeal to block deportation.
The ruling leaves one of Khalil’s last federal-court barriers weakened after a January panel decision opened the door to his rearrest, even as his attorneys argue the case violates the First Amendment.
Khalil, 31, is a Columbia graduate and legal permanent resident married to a U.S. citizen; the Trump administration has tied his 2024 pro-Palestinian protest role to antisemitism allegations he denies.
Three dissenting judges warned the decision could endanger Khalil’s civil liberties and those of other noncitizens, while his lawyers said the case would continue even if he were deported.
Can campus activism over foreign policy lead to deportation for legal U.S. residents?
How will courts balance national security claims against the First Amendment rights of noncitizens?
Supreme Court to Decide Fate of Free Speech for Noncitizens: The Mahmoud Khalil Immigration Case and Its National Impact
Overview
On May 22, 2026, the Third Circuit Court of Appeals denied Mahmoud Khalil’s request for an en banc review, sending his high-profile immigration case directly to the U.S. Supreme Court. Khalil’s legal team is preparing an urgent appeal, arguing that the Trump Administration secretly manipulated his case to make an example of him, with new evidence of governmental misconduct and the weaponization of immigration courts. The Supreme Court’s decision could redefine free speech rights for noncitizens and challenge the integrity of the U.S. immigration court system, making this a pivotal moment for immigration justice and constitutional protections in America.