FINALLY: Trump Admin Gets Huge Win Over Palestinian Activist Mahmoud Khalil
The Trump administration secured a major legal win Thursday when the 3rd Circuit Court of Appeals ruled that a federal judge in New Jersey lacked the authority to order the release of Mahmoud Khalil, a pro-Hamas activist facing deportation.
Khalil, an Algerian citizen, was scheduled for removal in March after allegedly failing to disclose extremist affiliations on his green card application. What began as a routine immigration case instead evolved into a prolonged legal battle spanning multiple courts.
In June, U.S. District Judge Michael Farbiarz ordered Khalil released, asserting that revoking his green card and proceeding with deportation would likely violate the Constitution. Critics argued the judge exceeded his authority by entertaining a habeas petition outside the proper legal channel.
The appeals court overturned that decision in a 2–1 ruling, concluding that Farbiarz never had jurisdiction to hear the case. The panel emphasized that immigration disputes must proceed through the specialized immigration court system.
Judges Thomas Hardiman and Stephanos Bibas ruled that under federal immigration law, Khalil’s claims could only be reviewed after a final removal order from an immigration judge, not by a district court.
With the release order vacated, Immigration and Customs Enforcement may now re-detain Khalil. His lawyers have pledged to continue fighting the case, likely by seeking further review from the full appeals court.
While the ruling clarified jurisdictional limits, the case has fueled broader criticism that some lower-court judges use procedural maneuvering to delay enforcement, leaving the public questioning whether justice is being applied consistently.