Washington: Palestinian activist Mahmoud Khalil, who has been at the center of the Trump administration's efforts to deport pro-Palestinian activists, will take his case to the Supreme Court, his legal team announced Friday. The decision to go to the country's highest court comes after the Third Circuit Court of Appeals ruled in a 6-5 decision issued just hours earlier that it will not revisit a ruling that opened the door to Khalil's deportation.
According to Anadolu Agency, Brett Max Kaufman, the senior counsel at the American Civil Liberties Union (ACLU), emphasized that the recent decision is not the final word in the case. Kaufman stated that federal courts must have the power to intervene when the government uses the immigration system to punish individuals for constitutionally protected speech. He warned that if the Trump administration can target and deport Khalil for his speech, it sets a precedent for targeting anyone with dissenting opinions.
Khalil's legal team has also filed a separate appeal against the Board of Immigration Appeal's (BIA) removal order, asking for the proceedings to be entirely terminated. This appeal was lodged in the Fifth Circuit Court of Appeals, arguing that the decision should be annulled due to the judge's alleged refusal to consider relevant evidence. The challenge also claims misconduct, including allegations of government officials pressuring the presiding immigration judge, who operated under the Justice Department rather than an independent body.
Baher Azmy, legal director of the Center for Constitutional Rights, expressed hope that the Supreme Court would recognize the dangers posed by the Third Circuit's decision, not only for Khalil but also for other non-citizens targeted by the administration. Khalil, a spokesperson for pro-Gaza protests at a university and a legal US resident, was detained by US Immigration and Customs Enforcement (ICE) in March 2025 and held for 104 days. Despite a federal judge ruling the detention unconstitutional, the Trump administration won an appeal earlier this year, allowing the case to proceed in immigration court.