NEW YORK: A US appeals court overturned a ruling that led to the release of prominent pro-Palestinian protest leader Mahmoud Khalil, according to court documents filed on Thursday, raising the prospect of his rearrest.

Khalil, a legal permanent resident in the United States who is married to a US citizen and has a US-born son, was detained by immigration authorities for three months beginning in March. He faced potential deportation for allegedly posing a threat to US foreign policy interests.

A former Columbia University student who was one of the most visible leaders of nationwide pro-Palestinian campus protests, Khalil was released from custody in June, but faced continued threats of deportation from federal authorities.

New Jersey federal judge Michael Farbiarz had ruled that Khalil’s detention by immigration authorities was unlawful. But Thursday’s ruling by the Philadelphia-based appeals court said Farbiarz did not have “subject-matter” jurisdiction in the case and that an immigration court should have adjudicated it.

Ruling raises prospect of pro-Palestinian activist’s rearrest

“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.” The ruling, which could be appealed, does not take immediate effect, meaning Khalil will remain free for now.

The New York chapter of the American Civil Liberties Union said in a statement that “Mr Khalil’s legal team has several legal avenues they may pursue.” In September, an immigration judge in Louisiana ordered Khalil be deported to Algeria or Syria after failing to disclose information on his application for US permanent residency. Khalil’s lawyers vowed to appeal that ruling.

Prospect of rearrest

The 2-1 ruling by a panel of the Philadelphia-based 3rd US Circuit Court of Appeals opens the door to Khalil being rearrested after it ordered the dismissal of a lawsuit he filed challenging his initial detention.

The court said that under the Immigration and Nationality Act, the district court that considered his lawsuit was not the proper forum to address his claims, which should have been heard through an appeal of a removal order from an immigration judge.

Thursday’s ruling came from US Circuit Judges Thomas Hardiman and Stephanos Bibas, both of whom were appointed by Republican presidents.

“The scheme Congress enacted governing immigration proceedings provides Khalil a meaningful forum in which to raise his claims later on in a petition for review of a final order of removal,” they wrote in an unsigned opinion.

US Circuit Judge Arianna Freeman dissented, saying Congress did not mean to foreclose meaningful judicial review over Khalil’s claims that his detention and potential re-detention violate his free speech rights under the US Constitution’s First Amendment.

‘Deeply disappointing’

“Khalil claims that the government violated his fundamental constitutional rights,” wrote Freeman, who was appointed by Democratic President Joe Biden. “He has also alleged, and proven, irreparable injuries during his detention.”

Khalil in a statement said the ruling is “deeply disappointing, but it does not break our resolve.” His lawyers vowed to appeal the ruling, which does not take immediate effect, preventing his re-detention for now.

“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,” Khalil said. The US Department of Homeland Security did not respond to a request for comment.

Published in Dawn, January 16th, 2026