Court states the administration must continue to comply with order blocking use of foreign policy bar to deport him

July 30, 2025, Philadelphia – The Third Circuit Court of Appeals today rejected the government's request to suspend Mr. Khalil’s release on bail and re-detain him pending its appeal of the district court’s bail order. The court also denied the government’s attempt to stay in full a lower court ruling that the Trump administration cannot seek to deport Mahmoud Khalil on grounds that his lawful, First Amendment-protected speech would compromise U.S. foreign policy. 

“Mahmoud spent 104 days in detention as punishment for speaking out for Palestinian rights,” said Noor Zafar, senior staff attorney at the American Civil Liberties Union and a member of Mr. Khalil’s legal team. “That is time with his family that he will never get back, but this decision affirms that he will remain free and that the government cannot pursue his removal based on the likely unconstitutional foreign policy charge as his case moves through appeal.We will not stand by and allow the government to weaponize immigration law to suppress lawful political speech.”

The Trump administration has sought to deport Mr. Khalil and other advocates for Palestinian rights using an obscure Immigration and Nationality Act provision that the administration claims allows it to detain and process for deportation noncitizens, including lawful permanent residents like Mr. Khalil, based on mere “reasonable grounds to believe” that their lawful speech somehow affects U.S. foreign policy interests. In a June 11 order, Judge Michael Farbiarz held that the administration’s use of the law against Mr. Khalil for his political speech was likely unconstitutional and would cause him irreparable harm. This paved the way for his release from detention on June 20 in a separate order on Mr. Khalil’s bail motion. 

Despite the June 11 order, the immigration judge issued an order on June 20 (the same day the district court freed Mr. Khalil on bail) concluding that Mr. Khalil could be removed from the United States based on the foreign policy ground.

In response, Mr. Khalil asked Judge Farbiarz to clarify the requirements of the June 11 injunction, which the judge did in a July 17 order, stating that the immigration judge’s June 20 decision was “directly inconsistent” with his earlier injunction, and ordering the government to take various measures to undo the damage. The government then asked Judge Farbiarz to suspend his own order, which he denied.

Mr. Khalil is represented by Dratel & Lewis, the Center for Constitutional Rights, 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.

For all case materials, please see here, here, and here.