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.