US Appeals Court Rules Against Pro-Palestinian Activist's Release

A US appeals court has overturned a previous ruling that ordered the release of Mohsen Mahdawi, a pro-Palestinian activist and permanent resident, from immigration detention. The decision, issued on Tuesday by the 2nd US Circuit Court of Appeals in Manhattan, stated that the case should have been handled in immigration court rather than by a district judge. This does not mean Mahdawi will be re-arrested, but it could set a precedent making it harder for Green Card holders to challenge their detention using free speech protections. Mahdawi, a 35-year-old Palestinian born in a refugee camp in the West Bank, moved to the US ten years ago. He was detained by Immigration and Customs Enforcement (ICE) in April 2025 after attending a citizenship interview in Vermont. His detention followed his involvement in campus protests against Israel's actions in Gaza while he was a student at Columbia University. A lower court judge had ordered Mahdawi's release on bond, ruling that he had the same First Amendment rights as US citizens. However, the appeals court said the judge lacked jurisdiction, as immigration courts are the proper venue for such cases. The ruling aligns with a similar decision earlier this year involving Mahmoud Khalil, another Green Card holder and pro-Palestinian activist. Neither ruling addressed the First Amendment claims directly, but together they may limit non-citizens' ability to seek release based on free speech violations. Khalil has since filed a lawsuit against Trump administration officials and several groups, alleging a conspiracy driven by anti-Palestinian bias.