Green card and ICE: a permanent resident asks the Supreme Court to intervene to prevent their deportation from the United States.
Green card and ICE: a permanent resident asks the Supreme Court to intervene to avoid deportation from the U.S.
The activist was arrested in March 2025 for his participation in Palestinian protests at Columbia University
- 4 minutes reading
The Palestinian activist and permanent resident Mahmoud Khalil, a graduate of Columbia University, asked the Supreme Court to review his case to prevent the government of Donald Trump from arresting him again and ordering his deportation. The migrant, whose wife and son are U.S. citizens, appealed to this judicial instance following a ruling by an appeals court that gave the Immigration and Customs Enforcement (ICE) the green light to reinstate measures against him.
He has a green card and asks the Supreme Court to intervene to prevent his deportation
Born in a Palestinian refugee camp in Syria, Khalil is an Algerian citizen, and he placed himself at the center of the debate last year when the Trump administration carried out a campaign to stop and deport stateless persons who participated in Palestinian activism on university campuses, according to Reuters.
In this context, he was arrested by immigration agents in March 2025 in the lobby of his university residence in Manhattan. The Secretary of State, Marco Rubio, then invoked an underutilized clause of the Immigration and Nationality Act to declare Khalil subject to deportation.
Federal authorities justified the measure by his participation in protests against the attacks in the Gaza Strip that the government called "disruptive and antisemitic activities" in Columbia during 2024.
After his arrest, the activist remained detained in a detention center in Louisiana until June 2025, when the federal district judge Michael Farbiarz ordered his release.
Jurisdiction conflict between federal and immigration courts in the U.S.
The legal dispute took a turn when a panel of the U.S. Court of Appeals for the Third Circuit overturned Judge Farbiarz's decision. The court ruled that immigration law prevents district judges from ordering the release of people in ICE custody.
The court held that challenges related to deportation proceedings must be channeled through a petition for review to a federal appeals court. After the full court of appeals rejected reconsidering the case, Khalil turned to the Supreme Court.
The appeal filed by his defense seeks to resolve the existing division between federal appellate courts on whether district judges have jurisdiction to evaluate claims by stateless persons who claim to be persecuted as retaliation for speech protected by the First Amendment.
"If the Trump administration can punish someone for their speech in favor of Palestine, this or any future administration can punish anyone for any speech," he said on Monday to journalists gathered outside the court.
Last September, the administration asked the Supreme Court to review a similar case involving Badar Khan Suri, a member of Georgetown University and another Palestinian activist arrested by ICE. The academic was released by order of a federal judge, and the government seeks for the Supreme Court to reverse that decision.
What could happen to Mahmoud Khalil: the risk of a new ICE arrest and deportation
Currently, an order from a lower court temporarily halts another arrest of Khalil while the Supreme Court decides whether to take the case.
However, the Immigration Appeals Board rejected his appeal against the order ordering his expulsion to Algeria or Syria in April, while another appeal remains pending in the administrative process.
Now, the highest court must decide whether to accept reviewing Khalil's appeal. If the Third Circuit's decision stands, he faces the possibility of deportation.
Both Khalil and his legal team maintain that the substance of this dispute goes beyond his particular case and directly affects civil rights in the North American country. A spokesperson for the Department of Homeland Security (DHS) defended the government's action and urged Khalil to voluntarily leave the United States.
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