Appeals Court Ruling: Pro Hamas Columbia Activist Mahmoud Khalil Faces Potential Re-Arrest Under Trump Policy
the staff of the Ridgewood blog
New York ,New York , The legal battle over Mahmoud Khalil, the prominent pro-Hamas activist and Columbia University graduate, has taken a dramatic turn. On Thursday, January 15, 2026, a federal appeals court ruled that a lower court judge had no authority to release Khalil from immigration detention last summer—a decision that effectively clears the path for the Trump administration to re-detain him.
In a split 2-1 decision, the U.S. Court of Appeals for the 3rd Circuit overturned the June 2025 order that had granted Khalil his freedom, marking a significant victory for the administration’s aggressive deportation strategy targeting campus activists.
The “One Bite at the Apple” Ruling
The core of the appellate court’s decision was a technicality regarding jurisdiction, not a ruling on Khalil’s First Amendment rights. The majority, comprised of Judges Thomas Hardiman and Stephanos Bibas, argued that the Immigration and Nationality Act (INA) stripped the district court of the power to interfere while immigration proceedings were still active.
“That scheme ensures that petitioners get just one bite at the apple—not zero or two,” the majority wrote in their 70-page opinion. “But it also means that some petitioners, like Khalil, will have to wait to seek relief for allegedly unlawful government conduct.”
Essentially, the court ruled that Khalil must exhaust all options within the immigration court system before a federal judge can step in. Judge Arianna Freeman, the lone dissenter, argued that Khalil’s constitutional rights were being “irreparably harmed” by his detention and that the court should have acted to protect them immediately.
Who is Mahmoud Khalil?
Khalil, a 31-year-old lawful permanent resident (green card holder), rose to national prominence as a lead negotiator for the Columbia University Apartheid Divest (CUAD) during the 2024 campus encampments.
His legal ordeal began in March 2025, when he was arrested at his Manhattan home by ICE agents. The government justified his detention using a rarely invoked statute, claiming his advocacy posed a threat to U.S. foreign policy—a move the ACLU and other rights groups have decried as a “political kidnapping.” During his initial 104-day detention in a Louisiana facility, Khalil missed the birth of his first child.
What Happens Next?
While the ruling is a blow to Khalil’s legal team, he will not be immediately hauled back to jail.
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Stay of Execution: The ACLU has confirmed that the order does not take effect instantly, giving Khalil time to seek a stay or a full “en banc” review by the entire 3rd Circuit.
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Ongoing Appeal: Khalil remains free for now, but the “door is open” for re-detainment once the legal review period expires.
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The Bigger Picture: This case is seen as a bellwether for how the Trump administration will handle other international students and residents engaged in political dissent.
“Today’s ruling is deeply disappointing, but it does not break our resolve,” Khalil said in a statement. “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.”
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ARREST & DEPORT HIM.