Mahmoud Khalil at NYC anti-Israel rally
Mahmoud Khalil at NYC anti-Israel rallyAnadolu Agency/Reuters

Mahmoud Khalil, a Columbia University graduate and prominent participant in anti-Israel campus protests, petitioned the US Supreme Court on Monday to overturn a federal appeals court ruling that could allow the Trump administration to detain and deport him again, Reuters reported.

Khalil's attorneys are challenging a January decision by the US Court of Appeals for the Third Circuit, which ruled that federal immigration law prevented a district court judge from ordering his release from Immigration and Customs Enforcement (ICE) custody.

The appeal raises a broader legal question about whether noncitizens can challenge immigration detention in federal district courts when they claim they are being punished for speech protected under the First Amendment.

Khalil's legal team argues that immigration law does not prevent such constitutional challenges from being heard outside the immigration court system.

"If the Trump administration can punish someone for their pro-Palestine speech, this or any future administration can punish anyone for any speech," Khalil told reporters Monday.

The Supreme Court appeal comes as Khalil faces the possibility of renewed detention and deportation.

In April, the Board of Immigration Appeals rejected his challenge to an immigration judge's order directing his removal to Algeria or Syria.

A separate appeal of that removal order remains pending. Meanwhile, an existing lower court order preventing his re-arrest remains in effect while the Supreme Court considers his case.

The Department of Homeland Security defended the administration's actions, maintaining that officials had acted within their legal authority. A department spokesperson also urged Khalil to leave the United States voluntarily.

Khalil became a prominent figure in the anti-Israel demonstrations at Columbia University during the war in Gaza.

Federal immigration agents arrested him in March 2025 in the lobby of his university residence in Manhattan, despite his status as a lawful permanent resident and green-card holder.

Secretary of State Marco Rubio invoked a rarely used provision of the Immigration and Nationality Act to justify Khalil's removal from the United States.

The administration cited Khalil's participation in "antisemitic protests and disruptive activities" at Columbia in 2024, arguing that the demonstrations contributed to a hostile environment for Jewish students.

Khalil was held at an immigration detention facility in Louisiana until June 2025, when US District Judge Michael Farbiarz of New Jersey ordered his release.

Farbiarz, who was appointed by former President Joe Biden, concluded that Khalil could be released from federal immigration custody.

The Trump administration challenged that decision.

In January, a three-judge panel of the Third Circuit ruled 2-1 that the district court lacked jurisdiction to consider Khalil's claims under the Immigration and Nationality Act.