3rd Circuit Limits District Court Power to Free Pro‑Palestinian Activist Mahmoud Khalil From Immigration Detention and NYC Mayor Urges He Remain in City
The Third Circuit reversed a district‑court order that had freed pro‑Palestinian activist Mahmoud Khalil from immigration detention, ruling the lower judge lacked authority to order his release; Khalil’s attorney Bobby Hodgson said the defense will continue to fight the case and called the ruling a setback for immigrants’ rights. New York City Mayor Zohran Mamdani urged that Khalil “should remain in New York City,” the NYCLU said he cannot be legally detained or deported while appeals are pending, and the White House has accused him of visa fraud while an immigration judge’s removal order cited a memo from Secretary of State Marco Rubio characterizing his campus protests as contrary to U.S. foreign‑policy interests.
📌 Key Facts
- An appeals court formally reversed the district‑court order that had led to Mahmoud Khalil’s release from immigration detention, directly targeting that earlier release.
- Khalil had been freed from immigration jail under the district‑court order that the appeals panel has now overturned.
- Khalil’s attorney, Bobby Hodgson, publicly reacted to the ruling, vowed to continue fighting the case, and framed the decision as a setback for immigrants’ rights.
- New York City Mayor Zohran Mamdani said Khalil is a New Yorker and 'should remain in New York City,' characterizing the case as an attack on free speech for Palestinian human‑rights advocacy.
- The New York Civil Liberties Union, which represents Khalil, told reporters he 'cannot be legally detained or deported now because his appeals process has not concluded' and described the government’s goal as 'extreme punishment of deportation' for pro‑Palestinian speech.
- A White House spokeswoman, Abigail Jackson, asserted Khalil obtained his student visa 'by fraud and misrepresentation,' alleging he willfully failed to report relevant background information and warning that those who lie to obtain entry 'will face justice.'
- An immigration judge’s removal order cited a memo from Secretary of State Marco Rubio saying Khalil’s campus protests were misaligned with U.S. foreign‑policy interests, treating his speech as a basis for removal.
📰 Source Timeline (3)
Follow how coverage of this story developed over time
January 24, 2026
12:30 AM
Mamdani tells Trump admin anti-Israel activist should 'remain in New York City' amid deportation case
New information:
- NYC Mayor Zohran Mamdani publicly stated at a press conference that Mahmoud Khalil is a New Yorker and 'should remain in New York City,' framing the case as an attack on free speech for Palestinian human‑rights advocacy.
- The New York Civil Liberties Union, representing Khalil, told Fox News Digital that Khalil 'cannot be legally detained or deported now because his appeals process has not concluded' and characterized the government’s goal as 'extreme punishment of deportation' for pro‑Palestinian speech.
- White House spokeswoman Abigail Jackson asserted Khalil obtained his student visa 'by fraud and misrepresentation,' saying he 'willfully and intentionally' failed to report relevant background information and warning that those who lie to obtain entry 'will face justice.'
- The article reiterates that an immigration judge’s removal order cited a memo from Secretary of State Marco Rubio deeming Khalil’s campus protests misaligned with U.S. foreign‑policy interests, underlining that his speech was treated as a grounds for removal.
January 16, 2026
8:01 PM
Appeals court reverses decision that freed Mahmoud Khalil
New information:
- CBS segment confirms the appeals court has now formally reversed the lower‑court decision that led to Mahmoud Khalil’s release from immigration detention.
- Mahmoud Khalil’s attorney Bobby Hodgson appears on CBS and publicly reacts to the ruling, signaling the defense will continue to fight the case and framing the decision as a setback for immigrants’ rights.
- The piece reinforces that Khalil had been freed from immigration jail under the earlier district‑court order, and that the appeals panel’s ruling directly targets that specific release.
January 15, 2026