Mahmoud Khalil, a former Columbia University graduate student, was detained last year after taking part in pro‑Palestinian demonstrations on campus. The U.S. government argued that his presence threatened foreign‑policy interests, and he spent months in detention before a New Jersey federal judge ordered his release, finding the government’s actions unconstitutional.
The 3rd U.S. Circuit Court of Appeals later held that the New Jersey judge did not have the authority to intervene in immigration matters and that Khalil’s case must first be adjudicated by the immigration courts. On Tuesday, the appellate court issued a stay of its own ruling, pausing any further action while Khalil prepares an appeal to the Supreme Court.
“We look forward to asking the Supreme Court to make clear that the government cannot use the threat of detention and deportation to silence dissent,” Brett Max Kaufman, senior counsel with the American Civil Liberties Union, said in a statement.
Khalil’s lawyers have also pursued the case in the immigration courts, and that appeal is now before the 5th U.S. Circuit Court of Appeals in Louisiana. The Department of Homeland Security has not commented on the recent stay.