• A US appeals court has ruled to potentially detain pro-Palestinian activist Mahmoud Khalil again.
• The decision marks a legal win for the Trump administration in their campaign against noncitizens involved in protest activities.
• Khalil's legal team argues the ruling ignores constitutional protections regarding free speech.

A US federal appeals court has ruled that a judge had no jurisdiction to order the release of pro-Palestinian activist Mahmoud Khalil, reviving the Trump administration's efforts to detain him again as part of a broader campaign against dissenting voices. This decision was made by the 3rd U.S. Circuit Court of Appeals, which maintained that federal immigration law restricts such jurisdiction, resulting in a 2-1 verdict that ordered the dismissal of Khalil's habeas petition, originally granted by a New Jersey district court in June. The ruling effectively opens the door to potential further detention as Khalil awaits the outcome of related immigration proceedings, putting his legal residency status at risk, according to aa and scmp.

The court's decision reiterates a legal framework under which challenges to deportation must proceed through immigration court before federal court intervention can be sought. As described by the appeals panel, this procedural structure means that Khalil, a lawful US resident and former Columbia University graduate student, may have to endure a lengthy legal process that some argue undermines constitutional protections regarding free speech. Khalil, detained previously without a warrant, claims the government's actions are an attempt to silence criticism of US foreign policy, particularly relating to Palestine, as noted by latimes and indiatimes.

Khalil's previous release on bail, ordered by Judge Michael Farbiarz, had been based on findings that the government's rationales for his detention were likely unconstitutional; however, the appellate ruling contrasts with earlier decisions by other federal courts. The judge's ruling pointed to Khalil's past activism, aligning him with Hamas without presenting corroborating evidence, which Khalil has dismissed as unfounded accusations aimed at quelling dissent, as detailed by latimes and aa.

The Trump administration has framed the ruling as a victory for its stance on national security, noting Khalil's alleged affiliation with views contrary to US interests. Secretary of State Marco Rubio has publicly commended the ruling, reinforcing the administration's policy of not permitting individuals they view as threats to remain within the country. This legal battle continues to underline broader tensions around immigration law, national security, and free expression, as Khalil vows to explore all available legal options to challenge the ruling and defend his rights through various avenues, according to indiatimes and scmp.