PHILADELPHIA — The Third Circuit Court of Appeals on Wednesday denied the Trump administration’s request to suspend the release of Mahmoud Khalil, re-detain him, and stay a lower court ruling that blocked his deportation, according to an ACLU press release.
“Mahmoud spent 104 days in detention as punishment for speaking out for Palestinian rights,” said Noor Zafar, senior staff attorney at the American Civil Liberties Union and a member of Khalil’s legal team. “That is time with his family that he will never get back, but this decision affirms that he will remain free and that the government cannot pursue his removal based on the likely unconstitutional foreign policy charge as his case moves through appeal. We will not stand by and allow the government to weaponize immigration law to suppress lawful political speech.”
A lower court had previously ruled that the Trump administration’s attempt to deport Khalil — based on the claim that his speech would “compromise U.S. foreign policy,” as the ACLU stated — violated the First Amendment.
The Trump administration has repeatedly invoked the Immigration and Nationality Act, particularly against individuals who speak in support of Palestinian rights. According to the ACLU, the administration argues that the act allows them to “detain and process for deportation noncitizens, including lawful permanent residents like Mr. Khalil, based on mere ‘reasonable grounds to believe’ that their lawful speech somehow affects U.S. foreign policy interests.”
U.S. District Judge Michael Farbiarz initially ruled on June 11 that this application of the Immigration and Nationality Act was unconstitutional and ordered Khalil released on bail on June 20.
However, the ACLU reported that on the same day Khalil was released, an immigration judge issued an order stating Khalil could still be deported based on foreign policy grounds.
On July 17, Judge Farbiarz ruled that the deportation order directly conflicted with his original ruling. The Trump administration then asked the judge to reverse his decision, but he denied the request.
