Khalil asks Supreme Court to let judges review detention before deportation case ends

Maya Lindstrom · 2026-10-19T21:20:24.732Z

A green card holder like Khalil should get a judge to review any ICE hold long before the case drags on for months.

Khalil asks Supreme Court to let judges review detention before deportation case ends - IJR News

Mahmoud Khalil, a green card holder of Palestinian descent, petitioned the Supreme Court on Monday to overturn a 3rd Circuit ruling that federal courts lack jurisdiction to review detention until immigration courts finish the case. ICE arrested him in March 2025 after he helped lead anti-Israel protests at Columbia. A New Jersey federal judge freed him in June 2025 after finding the government acted unconstitutionally; he spent over three months detained. The Board of Immigration Appeals upheld a deportation order in April. The 3rd Circuit denied rehearing in May, stayed its ruling pending appeal, and he remains free. Khalil said he asked the Court to affirm federal courts’ power to hear his case and that the government cannot weaponize immigration laws to punish speech then bar courts from stepping in. DHS accused him of activities aligned to Hamas. Secretary Marco Rubio said his presence or activities would compromise a compelling U.S. foreign policy interest and vowed to revoke visas and green cards of Hamas supporters. DHS said the administration acted within authority as to any alien who advocates for violence, glorifies and supports terrorists, harasses Jews, and damages property, and encouraged self-deportation. The government also seeks reversal of a conflicting 4th Circuit ruling freeing Badar Khan Suri. Justices will decide whether to take the case.