Despite Court Ruling, ICE Can’t Detain Mahmoud Khalil — For Now

Mahmoud Khalil, a Palestinian activist and graduate student at Columbia University, remains in danger of being re-detained by the government despite a recent court ruling. Last month, a federal appeals court overturned a lower court's order to release Khalil from detention, which would allow him to be picked up again within 45 days.

The decision has sent shockwaves through Khalil's supporters, who are now worried about his safety. Brett Max Kaufman, an attorney with the American Civil Liberties Union and member of Khalil's legal team, stated that the government cannot immediately re-detain Khalil for deportation. Before the appeals process is over, that would not be possible.

Khalil had been detained at his New York apartment in March and flown to a Louisiana detention center. He spent three months there while the government sought to deport him, missing the birth of his child. The Trump administration has claimed that Khalil's activism for Palestine is a threat to national security, despite evidence suggesting otherwise.

The 3rd U.S. Circuit Court of Appeals ruled in a split decision, with two judges siding against releasing Khalil and one judge dissenting. While this ruling does not immediately take effect, it leaves room for the possibility that Khalil could be re-detained if he appeals the decision within the next few months.

Khalil's supporters are concerned about the implications of this ruling on free speech rights in the United States. Kaufman stated that "if this decision stands, the government might be able to snatch you up for your speech and put you in detention for years." This would undermine the fundamental principle of freedom of expression and allow for authoritarian repression.

Other pro-Palestinian activists who were detained by the Trump administration are also awaiting their appeals. The 2nd U.S. Circuit Court of Appeals is reviewing similar arguments for another detainee, Rümeysa Öztürk, a Tufts University doctoral student who was released last year after federal judges ruled that her constitutional rights had been violated.

In Texas, Leqaa Kordia remains in immigration detention despite allegations from the government that she has ties to Hamas. Her case highlights the dangers of relying on unproven claims about someone's alleged connections to a terrorist organization.

As The Intercept continues to cover these stories and fight for press freedom, it needs the support of readers like you. Will you help us expand our reporting capacity in time to hit the ground running in 2026?
 
I don’t usually comment but...this is really concerning 🙅‍♂️. As an outsider looking in, I think the US government's actions towards these activists are alarming. They're using national security as a pretext to silence people who are just expressing their opinions and advocating for human rights. It's like they're trying to create a chill effect where people feel afraid to speak out against injustices. Free speech is a fundamental right in this country, and if the government can start re-detaining people just because of what they say, that's a recipe for disaster 🚨. What's next? Will they start targeting others who are critical of their policies or have different views on politics? It's time to hold our leaders accountable and make sure these activists are safe to do their work 💪
 
omg, this is so messed up 🤯 - like, mahmoud khalil has been through so much already and now he's still in danger because of a court ruling that doesn't even make sense 🤔. i'm seriously worried about what could happen to him next - the thought of being detained just for speaking out against islamophobia and palestine oppression is just not right 🙅‍♂️. it's like, free speech shouldn't be a threat to national security or whatever 💡. and can we talk about how messed up our immigration system is? leqaa kordia in texas has been in detention for who knows how long without even being tried or anything... it's just so frustrating 🤯. i hope the intercept keeps pushing back against these injustices, because someone needs to 👊
 
This decision is super concerning 🤕 - I mean, we're already living in a world where gov'ts are trying to silence people for speaking out about social justice issues, and now it seems like they think they can detain someone just because of their activism 🚫. It's like, what even is the definition of free speech anymore? 😒 And what's with all these appeals and court battles - it feels like we're stuck in some kinda never-ending cycle 🔄. As for Khalil, I just hope he's okay and that someone's looking out for him 👥.
 
I'm totally with Khalil on this one 🤝🏻💪. What's next gonna happen to these activists if we keep letting gov't just make up stuff about people 'cause they don't agree with them? It's like, can't we have a bit of debate without having our rights stripped away? I mean, I'm all for security and safety but not at the cost of our freedoms 🤦‍♂️. We need to stand strong with these activists and support organizations that fight for press freedom and human rights 💕. Can't let gov't bully people into silence 👊.
 
🤔 this ruling is super concerning, if they can re-detain someone just because of their activism for Palestine, what's next? 🚨 we need to make sure that free speech isn't used as a tool for fear-mongering and authoritarianism. it's not just about Khalil or Öztürk or Kordia, but about all the pro-Palestinian activists who are being targeted and silenced. 💔 this case highlights the dark side of nationalism and xenophobia, where anyone can be accused of ties to a terrorist organization without any evidence 🕵️‍♂️ we need to stand with Khalil's supporters and fight for the fundamental right to express ourselves without fear of retribution 😤
 
😩 I'm so worried about Mahmoud Khalil and all his supporters! 🤝 This ruling is just terrifying - if they can re-detain him for speaking out, what's next? 🚨 We need to amplify their voices and stand up for free speech rights in this country. It's not fair that the government can use intimidation tactics like this to silence dissenting voices. 💖 We should be supporting people who are fighting for justice and human rights, not trying to silence them. Let's keep pushing back against authoritarianism and protect our fundamental freedoms! 🗣️💪
 
I think its gonna be totally fine if they re-detain Khalil 🤷‍♂️, I mean, what's the big deal about a little protest or activism? If people are really that scared of being detained for speaking out, maybe they should just stick to watching Netflix and eating Cheetos 😎. And let's be real, if someone's got ties to Hamas, its not like they're gonna hurt anyone in the US 🙄. We should be grateful to have a government that takes these kinds of allegations seriously and doesn't just let people waltz around freely just because they've got a cause 🚫. I mean, what's next? Free speech for everyone? 😂
 
I'm so sorry I missed this thread but I just saw it now 🤦‍♂️! This decision is super concerning for me, especially with the fact that Khalil was already going through a tough time (having his kid born while he was detained, anyone?) and then the government could potentially drag him back to detention again? 😬 The whole thing about freedom of speech feels really off here. I don't think it's okay for the gov to use "national security" as an excuse to silence people just because they're outspoken about certain issues. It kinda feels like they're trying to chill dissenting voices, which is super problematic in a country that prides itself on having open discussions. 🤔
 
This is getting outta hand 🤯. A Palestinian activist, just trying to make a difference, and he's still being threatened with detention just 'cause he's speaking out for Palestine 🌎. I mean, what's next? Detaining people for protesting climate change or voting for a certain party 🗳️? This is America, for crying out loud! We're supposed to be the land of free speech and freedom, not some authoritarian regime where dissenting voices get shut down 🔒.

And another thing, what's with these appeals and court rulings? Can't they just listen to the evidence and make a decision already? 🙄 It's like they're trying to wear down our civil liberties bit by bit. We need to stand up for people like Mahmoud Khalil and Rümeysa Öztürk before it's too late 💪.

And what about Leqaa Kordia in Texas? Those allegations about Hamas are just a bunch of hooey 🤡. We can't just throw people in detention without proof, that's not how our justice system works. It's like they're trying to create a climate of fear and intimidation 😬.

We need to keep the pressure on The Intercept and other organizations that are fighting for press freedom and human rights 🔥. We can't let these issues fade away 🌫️.
 
Man, this is soooo scary 😱. Like what's happening to these people? They're just trying to live their lives and speak out about something they care about, and then BAM! They get detained for being vocal about Palestine 🤯. It's like, we can't even trust our own government anymore 🙅‍♂️. I remember back in the 90s when Bill Clinton was president, he was all about free speech and stuff 💼. Now it feels like they're trying to silence us 👊. The fact that this guy, Mahmoud Khalil, has a kid who was born while he was in detention is just heartbreaking 🤯. How can we let this happen? 🤔. We need more people to stand up for these activists and fight for their rights 💪
 
I'm getting all shook up thinking about this 🤯 Mahmoud Khalil's case is super messed up! I mean, can't they see he's just trying to make a difference for Palestine like everyone else wants freedom and peace? 🌎 The government's always finding ways to justify detention based on vague claims about national security... it's so fishy 🐟. And now this appeals court ruling has him in limbo again? 😩 It's not right that his rights are being infringed upon just because he spoke out against the status quo.

Free speech is such a fundamental right, and if this decision stands, it'll be a dark day for us all ⚠️. I'm worried about pro-Palestinian activists everywhere who might get caught in the crossfire 🔫. It's not just Khalil; Rümeysa Öztürk's case in Tufts is another example of how this system can go horribly wrong 💔. Leqaa Kordia's detention in Texas is also super concerning... it's like they're throwing caution to the wind based on flimsy allegations 🚨.

We need to keep pushing for accountability and press freedom! 📰💪 If you support The Intercept's reporting, please help them expand their capacity so they can get the truth out there. We can't rely on just a few brave journalists to hold those in power accountable 💥
 
omg this ruling is super bad news for anyone who speaks out about palestine or supports the cause... if they can re-detain khalil, what's to stop them from going after others too?? 🤯 it's like, freedom of speech and expression are literally being threatened by the gov... i'm all for a fair hearing and due process, but not when it comes down to deporting someone just because they're vocal about something that matters 🙅‍♂️
 
the gov has got to stop playing games with ppl's lives 🤯 this is all about silencing voices that speak truth to power & exercising their freedom of expression... it's not just mahmoud khalil, but many others who are facing similar struggles. if the gov can just keep detaining ppl for speaking out against injustice, we're talking authoritarianism in plain sight 🚫
 
🚨 This ruling is a huge step back for free speech rights in the US. 🤖

Also, can we talk about how crazy it is that a new parent like Mahmoud Khalil has to live with this uncertainty? 🤯
 
🤔 This ruling is super concerning - basically they're saying that being an activist isn't protected under free speech 🗣️, which is a huge deal. If this decision stands, it's gonna be really hard for people like Khalil to express themselves without fear of re-detention. It's like, what's next? Will we start seeing people rounded up because they shared a tweet that was misinterpreted by the government? 😬 The fact that Kaufman is warning about this kind of authoritarian repression is super scary - it's not just about Khalil or Rümeysa, it's about all of us and our right to express ourselves freely.
 
I'm freaking out over this court ruling 🤯! If they can detain someone just because of their activism for Palestine, what's next? I mean, we're already living in a world where misinformation is rampant and people are getting arrested for speaking truth to power. This ruling sends major chill vibes to anyone who's ever protested or spoken out against injustice. The thought that the government might be able to pick someone up just because of their speech is like, totally terrifying 😱. I'm all about free speech, but this takes it to a whole new level. We need to make sure our voices are heard and protected, not silenced by some outdated notion of national security.
 
I'm getting all worried about Mahmoud Khalil's situation 🤕. I mean, can't we just have a peaceful protest or show some solidarity with Palestine without being thrown around like a pawn? This ruling is like, super concerning, you know? If they can take someone away for speaking out, what's next? Free speech isn't meant to be curtailed by the government 🙅‍♂️. And what about the poor guy who had his child while he was in detention? That's just cruel 😔. I remember when we could have a real conversation about politics without fear of retribution... those were the days 🌞.
 
I'm like totally freaking out over this news dude 🤯. It's so not cool that Mahmoud Khalil is still in danger of being re-detained by the government, even after a court ruling went against them. I mean, can you believe they're trying to deport someone for speaking out about Palestine? It's like, what's next? Detaining people for protesting climate change or something? 🌎

And it's not just Khalil, dude. There are so many other pro-Palestinian activists who have been detained by the Trump administration and are still waiting on their appeals. It's like, where does it end? The government is already super powerful; do we really need to be worried about them swooping in and grabbing us for our opinions? 🤔

I'm also totally with Brett Max Kaufman on this one. If they can re-detain someone for speaking out, that's basically a death sentence for free speech in the US. It's like, what's next? Authoritarian repression? No way, dude. We need to stand up against this and support our journalists who are fighting for press freedom 📰.

Anyway, I'm totally donating to The Intercept ASAP 💸. They're doing some amazing work and we need all the support we can get. Can't let them down, right? 😂
 
omg this ruling is soooo concerning 🤯 i mean, mahmoud khalil's a human being with a family & a life outside of activism... shouldn't his right to free speech even be considered more important than his alleged activism for palestine? 🤔 and what's up with the government claiming he's a threat to national security just 'cause of his views? that's like saying someone who opposes climate change is a terrorist 🌡️

anyway, i feel bad for khalil & all these other pro-palestinian activists who are being detained without due process. it's like, they're not even getting a fair shake 🤝 and this ruling just gives the government more wiggle room to chill on their rights... it's really scary to think about what could happen next 🔪
 
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