Palestinian-American graduate student Mahmoud Khalil has asked the U.S. Supreme Court to decide whether federal judges can order the swift release of non-citizens held for months—or even years—while immigration proceedings grind on. In a petition filed Monday, Khalil asks the Court to overturn a Third Circuit decision that bars district courts from reviewing the legality of immigration detentions until the non-citizen exhausts all administrative appeals. Khalil, a lawful permanent resident, was arrested in 2025 after participating in pro-Palestinian protests at Columbia University. He spent more than three months in Immigration and Customs Enforcement (ICE) custody before a New Jersey judge ruled the detention unconstitutional and ordered his release. The government appealed and won a stay, prompting Khalil’s high-court bid. The case pits the Administration’s broad detention authority—invoked frequently since President Trump returned to office—against long-standing habeas corpus protections. If the Supreme Court grants review, the resulting ruling would have implications far beyond one activist. Thousands of foreign nationals are currently held in ICE facilities or local jails without bond hearings. Immigration advocates say lengthy confinement chills constitutionally protected speech and imposes heavy costs on employers who sponsor affected workers. Companies relying on STEM talent fear that lawful permanent residents or visa holders caught up in political demonstrations could face protracted detention with little judicial oversight. Government lawyers argue that allowing district-court habeas challenges would create parallel litigation tracks and invite forum shopping. They insist the immigration courts must have the first opportunity to rule. But conflicting decisions in the Third and Fourth Circuits increase the odds of a Supreme Court review. If certiorari is granted this Term, oral arguments could take place in early 2027, and mobility professionals should be prepared for a precedent-setting decision on due-process rights in the immigration context.
Source: Associated Press
