Pro-Palestinian activist Mahmoud Khalil appeals to Supreme Court to sue Trump admin over free speech

October 19, 2026

Mahmoud Khalil attends a vigil and protest for Palestine outside of Columbia University, Oct. 7, 2025, in New York. (Adam Gray/Getty Images)

Former Columbia grad student and pro-Palestinian activist Mahmoud Khalil, whom the Trump administration detained and sought to deport from the U.S. on foreign policy grounds last year, has appealed to the U.S. Supreme Court, seeking to sue the government for allegedly violating his First Amendment rights.

A divided federal appeals court ruled earlier this year that Khalil, a green card-holder married to an American citizen, could not litigate his claims before a judge unless and until immigration proceedings against him had been completed.

He was arrested by federal agents in New York City in March 2025 and held more than 100 days in ICE custody ahead of deportation after Secretary of State Marco Rubio signed an unusual determination that Khalil's pro-Palestinian activities "compromise a compelling U.S. foreign policy interest."

Khalil, who has not been charged with any crime, contends that he was deliberately targeted by Trump as part of a scheme to crackdown on pro-Palestinian protests and debate over Israel’s war in Gaza that had swept college campuses shortly after the president took office.

After a legal challenge, Khalil was released from custody pending the outcome of his petition.

"This fight is not only about whether I get to stay in this country," Khalil said during a remote press conference Monday. "It’s about whether anyone in this country can speak out for Palestinians without being punished for it."

Asked for comment on Khalil's appeal, a White House spokeswoman said the executive branch has the authority to take actions that protect the country and the immigration system.

"Khalil obtained his visa by willfully and intentionally failing to accurately report information relevant to his background. Those who lie to the government to obtain entry into the United States will face justice,” spokeswoman Lauren Bis said.

The legal question at the heart of the case involves the writ of habeas corpus, the legal procedure that allows a person detained by the government to challenge his confinement before a judge.

If the high court takes up the case -- and says Khalil can access the procedure -- his case alleging targeted retaliation by the government over disfavored speech can go forward. If the court denies the appeal, Khalil could be deported before getting the chance to make his case.

"It’s clear and conceited that Mahmoud has never committed a crime and that his detention and removal are only because of the speech the government dislikes," said Khalil's attorney Baher Azmy. This is "unprecedented weaponization of immigration power ... The question is whether the federal courts can address this egregious action."

Khalil has a separate legal challenge pending in the 5th Circuit Court of appeals focusing on U.S. immigration law.

"It's way bigger than me," Khalil said. "I can afford to lose … unlike the thousands of immigrants in this country who really cannot lose this fight. Whatever I’m going through is a drop in the sea of what other families are experiencing."

The justices are likely to consider the petition during a formal private meeting in January. If they agree to hear Khalil's case, it would likely be set for oral argument sometime in the spring and decided by the end of June.