BREAKING: Federal appeals court sides with Trump admin in judge’s Mahmoud Khalil decision

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From Fox News: A federal appeals court ruled Thursday that a lower court judge lacked authority in ordering the release of anti-Israel activist Mahmoud Khalil, siding with the Trump administration in a closely watched immigration case.

In a 2-1 decision, a three-judge panel of the 3rd U.S. Circuit Court of Appeals ruled that U.S. District Judge Michael Farbiarz of New Jersey lacked “subject-matter jurisdiction” under federal immigration law to halt the Trump administration’s effort to remove Khalil.

Khalil was ordered to be released from the government’s detention on June 20 after he was arrested at his New York City apartment by special agents from Homeland Security Investigations in early March.

White House spokeswoman Abigail Jackson told Fox News Digital in a statement: “Mahmoud Khalil was given the privilege of coming to America to study on a student visa he obtained by fraud and misrepresentation. As we have always maintained, the Executive Branch has the lawful authority to take actions that will protect the public and to ensure the integrity of our immigration system.”

Khalil, a Palestinian originally from Syria, is in the U.S. legally. He is a former Columbia graduate student, and played a major role in organizing the anti-Israel, pro-Palestine protests on the college campus and through the streets of New York that often turned violent.

Secretary of State Marco Rubio revoked Khalil’s green card in March. He was  arrested on March 8 at his residence in Manhattan, and put into deportation proceedings. Khalil was held in detention in Louisiana for three months, but in June, U.S. District Judge Michael Farbiarz, a Biden appointee, blocked the Trump administration from deporting him, then ordered him released.

Khalil was then allowed to return to New York and be reunited with his wife, Noor Abdalla, also a Muslim and a U.S. citizen. They reportedly met in 2016 while both were ‘volunteering’ in Lebanon, and married in 2023. She gave birth to their first baby while he was in detention. The baby is now also a U.S. citizen.

“Khalil obtained his visa by willfully and intentionally failing to accurately report information relevant to his background. Those who lie to the government to obtain entry into the United States will face justice,” Jackson said in her statement on Thursday.

CLICK HERE to read the Court’s opinion, just released on Thursday.

Fox News explained:

Judges Thomas Hardiman, a George W. Bush appointee, and Stephanos Bibas, a Donald Trump appointee, argued that the district court initially had habeas jurisdiction over Khalil’s petition but ultimately lacked “subject-matter jurisdiction” under the Immigration and Nationality Act to intervene in his removal proceedings.

The decision opens the door to the possibility of Khalil being re-arrested, although his lawyers are planning to appeal the decision, according to the New York Times.

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