Updated
Updated · abcnews.com · May 26
Appeals Court Grants Mahmoud Khalil Stay, Blocking Re-Detention Pending Supreme Court Review
Updated
Updated · abcnews.com · May 26

Appeals Court Grants Mahmoud Khalil Stay, Blocking Re-Detention Pending Supreme Court Review

7 articles · Updated · abcnews.com · May 26
  • The 3rd U.S. Circuit Court of Appeals temporarily barred the Trump administration from detaining Mahmoud Khalil while he prepares a Supreme Court appeal.
  • Tuesday's order stayed the court's earlier denial of a rehearing in Khalil's detention case, preserving his release until the justices can consider whether to take it up.
  • Khalil, a Columbia University pro-Palestinian activist and green card holder married to a U.S. citizen, was arrested in New York in March 2025 and released from ICE custody last June.
  • The government had detained him after Secretary of State Marco Rubio determined Khalil's speech could compromise a compelling U.S. foreign policy interest, making the case a test of detention and deportation powers against dissent.
What does this case reveal about the free speech rights of non-U.S. citizens in America?
How can a decades-old statute be used to detain a campus activist for their speech today?
When does political speech by a legal resident become a threat to U.S. foreign policy?

Temporary Stay Halts Mahmoud Khalil’s Deportation as Supreme Court Review Sought on Free Speech for Non-Citizens

Overview

Mahmoud Khalil, a green card holder arrested in March 2025, has faced a complex legal battle after the government claimed his actions undermined U.S. policy and hindered efforts to protect Jewish students. Although a lower court ordered his release on bail and he was freed from ICE custody in June 2025, an appeals court later reversed this decision, opening the door for his re-detention and deportation. On May 26, 2026, the 3rd U.S. Circuit Court of Appeals granted a temporary stay, giving Khalil a brief reprieve and time for his legal team to appeal to the Supreme Court, highlighting ongoing debates about free speech and immigrant rights.

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