NEW YORK (Diya TV) — Mahmoud Khalil asked the U.S. Supreme Court Monday to decide whether he can challenge his immigration detention in federal court before his deportation case concludes. He argues the Trump administration targeted him for his pro-Palestinian speech.
The case is not a new lawsuit. Khalil’s lawyers want the justices to review his existing habeas petition, which challenged his detention and sought his release. The petition says immigration law should not prevent federal judges from hearing claims that the government used detention to punish constitutionally protected speech.
A divided Third Circuit panel ruled in January that the law channels Khalil’s claims through the immigration process. Under that decision, he would have to raise them in an appeal of a final deportation order rather than in federal district court. The full appeals court declined to rehear the case in May. It did not rule on whether the government violated Khalil’s rights.
The Supreme Court petition puts the timing of judicial review at the center of the dispute. Khalil’s lawyers say a later appeal cannot undo the effects of detention or restore speech they say the government chilled. The administration’s position is that federal courts should wait until the immigration process runs its course.
Immigration agents arrested Khalil, a lawful permanent resident and Columbia University graduate, in March 2025. Secretary of State Marco Rubio invoked a rarely used provision of immigration law, determining that Khalil’s presence or activities could have “potentially serious adverse foreign policy consequences.” The government also accused him of misrepresenting information when he sought permanent residency. Khalil disputes the allegations.
A federal judge in New Jersey ordered Khalil released in June 2025 after finding that he was likely to succeed in challenging the government’s foreign-policy justification. Khalil had spent more than three months in custody. The Third Circuit later overturned the release order because it found the district court lacked jurisdiction.
Khalil remains free while the Supreme Court considers his petition. The Third Circuit put its ruling on hold during the appeal. Separately, Khalil is challenging the removal order, which directs his deportation to Algeria or Syria.
The Department of Homeland Security said the administration acted within its legal authority and encouraged Khalil to leave the country voluntarily. The Supreme Court has not said whether it will hear the case.
