Mahmoud Khalil, a Palestinian activist and green card holder, may still be re-detained by Immigration and Customs Enforcement (ICE) despite a federal appeals court ruling in his favor. The decision, which overturned a lower court's order to release Khalil from detention, does not immediately take effect due to court rules.
For the next 45 days, Khalil can appeal the decision, potentially reviving his earlier release order. However, this doesn't alleviate concerns among supporters that ICE might re-detain him again for deportation.
Khalil is facing two separate legal battles: one in federal court and another in immigration court. The government has been seeking to deport him due to his activism for Palestinian rights, which some argue infringes upon his First Amendment rights.
Attorneys representing Khalil say that the appeals court's decision doesn't immediately allow ICE to re-detain him but will raise concerns among activists. "If this decision stands, the government might be able to snatch you up for your speech and put you in detention for years," said Brett Max Kaufman, an attorney with the American Civil Liberties Union.
Khalil had previously been detained by ICE for three months while the government sought to deport him. He was released in June after a New Jersey federal judge ruled that his detention was likely illegal due to First Amendment violations.
The 3rd U.S. Circuit Court of Appeals overturned the lower court's decision, stating that it did not have jurisdiction over Khalil's free speech claims case. The dissenting judge argued that the lower court did have jurisdiction and that Khalil's release should hold.
Other pro-Palestinian activists who were detained by ICE under similar circumstances are also awaiting their appeals. A New York City mayor has condemned the ruling, saying it was an attack on constitutional rights and calling for Khalil's freedom.
If Khalil pursues another appeal, all 14 judges on the appeals court could weigh in on the case, potentially reversing Thursday's decision.
For the next 45 days, Khalil can appeal the decision, potentially reviving his earlier release order. However, this doesn't alleviate concerns among supporters that ICE might re-detain him again for deportation.
Khalil is facing two separate legal battles: one in federal court and another in immigration court. The government has been seeking to deport him due to his activism for Palestinian rights, which some argue infringes upon his First Amendment rights.
Attorneys representing Khalil say that the appeals court's decision doesn't immediately allow ICE to re-detain him but will raise concerns among activists. "If this decision stands, the government might be able to snatch you up for your speech and put you in detention for years," said Brett Max Kaufman, an attorney with the American Civil Liberties Union.
Khalil had previously been detained by ICE for three months while the government sought to deport him. He was released in June after a New Jersey federal judge ruled that his detention was likely illegal due to First Amendment violations.
The 3rd U.S. Circuit Court of Appeals overturned the lower court's decision, stating that it did not have jurisdiction over Khalil's free speech claims case. The dissenting judge argued that the lower court did have jurisdiction and that Khalil's release should hold.
Other pro-Palestinian activists who were detained by ICE under similar circumstances are also awaiting their appeals. A New York City mayor has condemned the ruling, saying it was an attack on constitutional rights and calling for Khalil's freedom.
If Khalil pursues another appeal, all 14 judges on the appeals court could weigh in on the case, potentially reversing Thursday's decision.
This is so interesting... ICE re-detaining Mahmoud Khalil would be super problematic considering his activism and free speech rights. It's crazy that pro-Palestinian activists are facing similar issues with detention and deportation. The fact that a NYC mayor condemned the ruling shows how widespread the concern is, I guess it's clear why Brett Max Kaufman says this decision raises huge red flags for everyone involved 
. fingers crossed that he gets a positive outcome soon 
This whole situation has me thinking that even though we have laws protecting our rights, enforcement can still be super sketchy... I mean, Brett Max Kaufman says the appeals court decision doesn't automatically let them re-detain him, but there's still room for ICE to mess things up. And what about all those other pro-Palestinian activists who are going through this? 
. I think its crazy that Khalil had to go through all this just to exercise his 1st amendment rights 
. Its like, he's not hurting anyone, he's just trying to make a difference and be heard 
, is really inspiring. I hope Khalil pursues another appeal and gets his freedom back ASAP 
️
ICE is just trying to shut down someone who spoke out against a cause they care about 
. If Brett Max Kaufman's saying this decision might let them re-detain him again, that's super scary 
. The gov should be protecting free speech, not silencing people with strong opinions 
. Khalil's been through enough already - three months in detention is crazy 
. And now he has to wait another 45 days before he can even think about appealing 
. I just hope the higher court steps in and puts a stop to all this nonsense 
. And the fact that there are other pro-Palestinian activists still waiting for their appeals to be heard is just, like, totally terrifying 
. Anyways, let's all keep sending love & support Khalil's way 
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. I'm all for due process and the appeals process, but this feels like they're just trying to wear him down. It's like, if the courts can't even get it right, what's next? More people getting caught up in this deportation mess 
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this is getting soooo frustrating... i just wanna see mahmoud khalil FREE already! 
45 days feels like an eternity, especially with his life and freedom hanging in the balance. it's crazy to think that he could be re-detained AGAIN for speaking out against injustice & advocating for his people's rights. 
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the appeals court's decision might not seem like a big deal now but it's gonna cause more anxiety for Khalil and other activists 
I hope he gets his freedom soon and can just focus on his life without all this drama 
i know some ppl might say he's infringing on his rights but what about his human rights too?