Pro-Hamas Activist Faces Rearrest After Appeals Court Ruling

A federal appeals court has ruled that pro-Hamas activist and former Columbia University protest leader Mahmoud Khalil can be subject to rearrest and potential deportation, reversing a prior decision that had freed him from detention. The case stems from Khalil's arrest last March, when Secretary of State Marco Rubio invoked the Immigration and Nationality Act of 1952 to justify the action, citing reasonable grounds to believe Khalil's presence posed potentially serious adverse foreign policy consequences for the United States.

Khalil, a Syrian national of Palestinian descent, originally entered the US on a student visa and later obtained a green card through marriage to an American citizen. While a student at Columbia, he spearheaded pro-Palestinian demonstrations in 2024 and led the group Columbia University Apartheid Divest, which was banned from campus for promoting violence. During his green card application process, Khalil failed to disclose prior employment with the United Nations Relief and Works Agency (UNRWA), an organization that has employed individuals linked to Hamas terrorists, as well as his connections to the banned student group.

After his initial arrest, Khalil was transferred to an Immigration and Customs Enforcement detention center in Louisiana, where he remained for three months until a federal district court judge in New Jersey ruled that his constitutional rights had been violated. The appeals court has now determined that the New Jersey district court lacked jurisdiction over the immigration matter, meaning the case should have been handled in immigration court, leaving Khalil vulnerable to rearrest and further proceedings.

One of Khalil's attorneys, Baher Azmy, expressed strong disappointment with the decision. "We are disappointed with and strongly disagree with the majority opinion, but take heart in the very powerful and persuasive dissenting opinion. We’ll continue to fight with all available legal options," Azmy said. New York City Mayor Zohran Mamdani also condemned the development, stating, "Last year’s arrest of Mahmoud Khalil was more than just a chilling act of political repression, it was an attack on all of our constitutional rights. Now, as the crackdown on pro-Palestinian free speech continues, Mahmoud is being threatened with rearrest. Mahmoud is free, and must remain free."

Jewish organizations, including the American Jewish Committee and the Anti-Defamation League, had previously supported the initial action against Khalil. The AJC stated at the time, "Should the government prove its case in a prompt and public legal proceeding, and Khalil is afforded due process, then deportation will be fully justified. Universities have an obligation to ensure that antisemitic behavior such as his does not lead to intimidation and harassment of Jewish students. U.S. law is clear regarding the necessary predicate that justifies deportation. Under that law, there is a difference between protected speech, even when deplorable, and statements and actions that justify deportation."

Following his release in June, Khalil appeared at a rally protesting US strikes on Iran, an event organized by a group alleged to maintain ties with Iran. The ongoing legal battle highlights broader debates over the intersection of immigration enforcement, national security, foreign policy considerations, and free speech protections on university campuses amid heightened tensions related to the Israel-Hamas war and regional developments.