Above photo: Mahmoud Khalil addresses rally in Philadelphia, Oct. 21, 2025. WW/Joe Piette.
Philadelphia – Oct. 21. Dozens of pro-Palestine activists and other supporters of Mahmoud Khalil filled the courtroom and an overflow room today, while others rallied outside the federal court here. Khalil, a Columbia University graduate and Palestinian activist, appeared before a hearing of the U.S. Third Circuit Court of Appeals to determine if he would be returned to custody or remain free. No decision was made at today’s hearing.
Khalil is a legal resident and green card holder. He was detained by Immigration and Customs Enforcement (ICE) last March 8 in New York City. ICE carried out its warrantless arrest on orders from Marco Rubio, the U.S. Secretary of State. Rubio claimed that Khalil’s speech in support of Palestinians in Gaza and critical of Israel would “compromise a compelling U.S. foreign policy interest.”
Khalil’s speech should be considered protected by the First Amendment to the U.S. Constitution.
Federal authorities also claimed Khalil was a “flight risk,” despite being married to a U.S. citizen who was expecting their first child. Khalil had no criminal record, and he has yet to be charged with any crime. At the time of his arrest, he was first held in ICE detention in New York, then moved to New Jersey, and finally to a remote ICE facility in Louisiana, where he was held for over 100 days.
Khalil was released on bail in June on a preliminary injunction by a lower court federal judge in New Jersey, who also found it likely that Khalil would succeed on the merits of his constitutional challenge to his detention and attempts to deport him. At today’s hearing, Khalil’s lawyers asked the court to uphold the lower court’s ruling and bar the government from re-detaining or deporting him.
The justices on the court included Thomas Hardiman, appointed by George W. Bush in 2003; Stephanos Bibas, appointed by Donald Trump in 2017; and Arianna Freeman, appointed by Joe Biden in 2022.
Government GPS tracking
Drew Ensign, attorney for the government, asked the court to overturn the lower court’s injunction. He essentially claimed that Khalil’s Habeas petition for violation of his First Amendment rights was filed in the wrong jurisdiction.
Ensign openly admitted that the federal government has a website that contains live GPS tracking of everyone’s location. Khalil’s attorneys filed their petition in New Jersey because at the time that’s where the database placed him.
ICE had quickly moved Khalil from detention in New Jersey to a remote facility in Louisiana, so Ensign insisted the case should be heard by the Fifth Circuit Court of Appeals there. This court has a reputation for being more reactionary, ruling most often for the prosecution.
Khalil was represented by Dratel & Lewis, the Center for Constitutional Rights, Creating Law Enforcement Accountability and Responsibility (CLEAR), Van Der Hout LLP, Washington Square Legal Services, the American Civil Liberties Union (ACLU), the New York Civil Liberties Union (NYCLU), the ACLU of New Jersey and the ACLU of Louisiana. NYCLU attorney Robert Hodgson, speaking in court on Khalil’s behalf, called the Trump administration’s detention of Khalil “retaliatory and unconstitutional.”
Hodgson said: “People in the government didn’t like a lawful pro-Palestine speech, so they detained him, moved him across the country, and threatened detention as an example to others. The government can’t be chasing you around to different jurisdictions, then tell you that you don’t have Habeas [protection].”
In a press release issued by the ACLU on Oct. 21, Brett Max Kaufman, senior counsel in the ACLU’s Center for Democracy stated: “In this country, the government cannot punish people just because they don’t like what they have to say, and if it tries, the federal courts have an immediate role to play in stopping that unconstitutional behavior. That’s what the district court did here, and the government’s arguments for reversal are both weak and wrong.”
While the hearing was going on inside the federal courtroom, over 70 demonstrators gathered across the street for a lively rally featuring an immigrant rights speaker from Juntos, a professor from the University of Pennsylvania, and militant chants throughout.
At the conclusion of the hearing, people attending it joined the outside rally. Upon exiting the courthouse, Mahmoud Khalil expressed his gratitude to the rally participants for the support. “My case started in New York, New Jersey, Louisiana and now we’re in Philly,” he said. “It shows how my case is a test for everyone across the country. There is no immediate risk.
“We will continue the fight until the end. Nothing should deter anyone from speaking out for the liberation of Palestine and for rights of immigrants everywhere. This is not just about me; it’s about everyone. So, let’s keep this community together.”
