Activist Asks Supreme Court To Review Limits On Immigration Detention
Mahmoud Khalil asked the U.S. Supreme Court on Monday, October 19, 2026, to allow federal judges to quickly review and reverse immigration-related detentions.[1]
Khalil, a lawful permanent resident, was detained for more than three months after participating in pro-Palestinian demonstrations at Columbia University in 2024 before a New Jersey federal judge ordered his release as unconstitutional.[1] The petition challenges a 3rd U.S. Circuit ruling earlier this year that said federal courts lack jurisdiction to hear such detention claims until immigration courts fully adjudicate each case.[1] That 3rd Circuit ruling was stayed to allow Khalil to appeal.[1]
The 3rd Circuit decision earlier in 2026 set the immediate legal backdrop by saying federal courts could not review such detentions until the immigration courts finished each case.[1] The Justice Department has separately asked the Supreme Court to overturn a conflicting 4th Circuit ruling that upheld the release of Georgetown scholar Badar Khan Suri, creating a circuit split the high court may resolve.[1]
DHS issued a statement saying it acted within its authority in Khalil's case and that it had concerns about people who advocate violence or support terrorists.[1] The agency also encouraged Khalil to use a Customs and Border Protection app to leave the country voluntarily.[1]
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📌 Key Facts
- On Monday, October 19, 2026, Mahmoud Khalil filed a petition asking the U.S. Supreme Court to allow rapid federal court review of immigration-related detentions.
- The 3rd U.S. Circuit Court of Appeals ruled earlier in 2026 that federal courts lack jurisdiction to review such detentions until immigration courts fully adjudicate each case, but stayed its ruling to permit Khalil's appeal.
- Khalil, a lawful permanent U.S. resident, was detained for more than three months last year over his participation in 2024 pro-Palestinian demonstrations at Columbia University before a New Jersey federal judge ordered his release as unconstitutional.
- DHS issued a statement asserting it acted within its authority in Khalil's case and referencing concerns about aliens who advocate violence or support terrorists, while encouraging him to self-deport via a CBP app.
- The Justice Department has already asked the Supreme Court to overturn a 4th Circuit decision upholding the release of Georgetown scholar Badar Khan Suri, which conflicts with the 3rd Circuit's approach in Khalil's case.
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