Activist Mahmoud Khalil may be detained again, appeals court rules

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A federal appeals court has reversed a lower court’s decision to release Palestinian human rights activist Mahmoud Khalil from immigration detention, a major victory for the Trump administration, which had sought to have him deported.

In a Jan. 15 opinion, the U.S. Court of Appeals for the Third Circuit vacated an earlier order that guaranteed Mr. Khalil’s release from custody and temporarily blocked his deportation from the United States.

The ruling effectively means the government is free to detain Mr. Khalil again.

U.S. District Judge Michael Fabiaz of New Jersey had previously ordered his release, ruling that he did not pose a flight risk and that his detention was likely unconstitutional. The federal government argued that the court lacked jurisdiction.

The government called for his removal on rarely used “foreign policy grounds,” with Secretary of State Marco Rubio arguing that defending Mr. Khalil posed a threat to U.S. foreign policy interests.

The decision marks the latest development in Khalil’s case, a lawful permanent resident, since he was detained in March for his pro-Palestinian activities at Columbia University. His detention and the government’s efforts to deport him have sparked a broader debate over free speech protections and the scope of federal power in immigration enforcement.

Check back for more on this developing story.

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