A U.S. appeals court on Tuesday overturned a lower court’s order for the Trump administration to release pro-Palestinian advocate Mohsen Mahdawi from immigration detention, ruling that the initial court lacked jurisdiction.
Mahdawi, 35, was among several non-citizen students placed in deportation proceedings last year following their participation in demonstrations against Israel’s military campaign in Gaza. These arrests led to legal challenges that placed the Trump administration’s immigration policies against First Amendment free speech rights.
The decision from the 2nd U.S. Circuit Court of Appeals did not endorse the administration’s broader effort to deport non-citizens present in the U.S. lawfully if their presence is deemed contrary to U.S. foreign policy. However, rights groups argue this practice infringes on free speech.
Taken with a similar earlier ruling concerning pro-Palestinian advocate Mahmoud Khalil, the decision could make it more challenging for non-citizens detained in immigration facilities to seek swift release based on alleged First Amendment violations.
Mahdawi, a student at Columbia University born in the West Bank, was arrested in April 2025 upon arriving for a U.S. citizenship petition interview. A Vermont-based U.S. District Judge ordered his release on bond two weeks later, asserting he possessed the same First Amendment free speech rights as U.S. citizens.
The 2nd Circuit panel, comprised of two judges appointed by President Trump and one by President George W. Bush, stated that the district judge did not have jurisdiction because the case should have been addressed in immigration court first. The judges did not order Mahdawi’s re-arrest. U.S. immigration courts, which handle deportation proceedings, operate under the Justice Department, while district courts are independent of the executive branch.
Neither the Justice Department nor the Department of Homeland Security immediately responded to requests for comment. The American Civil Liberties Union, representing Mahdawi, also had no immediate comment.
Earlier this year, the 3rd U.S. Circuit Court of Appeals reached a similar conclusion in the case of Mahmoud Khalil, a Columbia University graduate who spent over 100 days in detention before a federal judge granted him bond. Khalil has asked the U.S. Supreme Court to review the 3rd Circuit’s determination that his claims should have been pursued through an appeal of a removal order from immigration court.
Both Khalil and Mahdawi were legally present in the United States and have not been charged with a crime.