Mahmoud Khalil v. Donald J. Trump

  • Filed: March 25, 2025
  • Status: Filed
  • Court: United States Court of Appeals for the Third Circuit
  • Latest Update: Mar 25, 2025
In the Courts, ACLU OF New Jersey

Whether a legal permanent resident of the United States can be arrested and detained on the basis of their political speech and advocacy.

On March 25, 2025, The ACLU of New Jersey joined the legal representation team of Mahmoud Khalil, a Palestinian student at Columbia University and one of the lead negotiators on behalf of protestors at the Gaza solidarity encampments in spring 2024, who was detained by the Department of Homeland Security on March 8 in New York. The news follows the transfer of the case to the District of New Jersey.

On March 8, 2025, federal immigration enforcement agents arrested Mahmoud Khalil, a Palestinian recent graduate of Columbia University who was formerly one of the lead negotiators on behalf of pro-Palestine protestors on the Columbia campus in spring 2024. They first indicated that the government had revoked his student visa, but when Mahmoud’s wife showed them his green card and explained that he was a permanent resident, the agents represented that they had revoked that, too—even though permanent residents are entitled to due process before any revocation of their status.

In the early morning hours after his arrest, Khalil’s attorneys filed a petition for a writ of habeas corpus alleging that ICE’s arrest and detention of Khalil on the basis of his speech and activism violates the Due Process Clause and the First Amendment. A federal judge in the Southern District of New York issued an order the following day blocking Khalil’s deportation in the absence of a court order and scheduling a hearing for March 12.

Hours after his habeas petition was filed, Khalil was transferred under ICE custody to a facility in Louisiana. Khalil’s legal team filed a motion under the All Writs Act to compel ICE to return Khalil to New York, where he can have access to his legal counsel and family.

Partner Organizations:
Dratel & Lewis, the Center for Constitutional Rights, CLEAR, Van Der Hout LLP, Washington Square Legal Services, the New York Civil Liberties Union (NYCLU), the American Civil Liberties Union (ACLU), the ACLU of New Jersey, and the ACLU of Louisiana