A divided panel of the U.S. Court of Appeals for the Third Circuit ruled on 15 January 2026 that a federal district judge lacked jurisdiction to free Mahmoud Khalil, a Columbia University graduate who was arrested and placed in removal proceedings after participating in campus protests against Israel’s military campaign in Gaza. The 2-1 decision means the Trump administration may re-detain Khalil while his immigration case proceeds before the Executive Office for Immigration Review. (reuters.com)
Khalil’s arrest last year marked the first high-profile use of a Trump directive authorizing Immigration and Customs Enforcement to deport foreign students deemed to have engaged in “antisemitic or anti-American hate speech.” The district court ordered Khalil released in June 2025, finding that ICE relied on unverified social-media allegations. In its new opinion, the appeals court said the Immigration and Nationality Act requires such constitutional claims to be raised only after a final removal order, effectively shutting the federal courthouse door until then.
Legal scholars say the ruling could chill speech among nearly 1.1 million international students, many of whom participate in political activism. Universities fear that controversial speech could now trigger immigration consequences that bypass campus disciplinary processes, complicating efforts to protect free expression while maintaining compliance with the Student and Exchange Visitor Program.
![Appeals court reinstates detention of pro-Palestinian student under Trump deportation policy]()
For corporate mobility teams, the decision highlights an expanded enforcement environment in which off-duty social-media activity can spill into visa compliance. Employers sponsoring F-1 STEM-OPT or H-1B extensions should remind foreign employees of the immigration-related risks connected with certain public demonstrations and ensure that counsel is prepared to respond quickly if employees are detained.
In this rapidly shifting environment, VisaHQ can serve as a practical ally. The company’s online platform (https://www.visahq.com/united-states/) provides step-by-step visa renewal tools, real-time compliance alerts and access to seasoned specialists who can walk students, universities, and employers through emerging policy obstacles—helping them stay ahead of potential detentions or status lapses.
Advocacy groups plan to petition the Supreme Court, arguing that the appeals court’s reading of jurisdiction bars prompt judicial review of constitutional violations. In the meantime, foreign students involved in campus protests—particularly on Middle-East issues—face heightened uncertainty over visa security and future U.S. career prospects.
Khalil’s arrest last year marked the first high-profile use of a Trump directive authorizing Immigration and Customs Enforcement to deport foreign students deemed to have engaged in “antisemitic or anti-American hate speech.” The district court ordered Khalil released in June 2025, finding that ICE relied on unverified social-media allegations. In its new opinion, the appeals court said the Immigration and Nationality Act requires such constitutional claims to be raised only after a final removal order, effectively shutting the federal courthouse door until then.
Legal scholars say the ruling could chill speech among nearly 1.1 million international students, many of whom participate in political activism. Universities fear that controversial speech could now trigger immigration consequences that bypass campus disciplinary processes, complicating efforts to protect free expression while maintaining compliance with the Student and Exchange Visitor Program.
For corporate mobility teams, the decision highlights an expanded enforcement environment in which off-duty social-media activity can spill into visa compliance. Employers sponsoring F-1 STEM-OPT or H-1B extensions should remind foreign employees of the immigration-related risks connected with certain public demonstrations and ensure that counsel is prepared to respond quickly if employees are detained.
In this rapidly shifting environment, VisaHQ can serve as a practical ally. The company’s online platform (https://www.visahq.com/united-states/) provides step-by-step visa renewal tools, real-time compliance alerts and access to seasoned specialists who can walk students, universities, and employers through emerging policy obstacles—helping them stay ahead of potential detentions or status lapses.
Advocacy groups plan to petition the Supreme Court, arguing that the appeals court’s reading of jurisdiction bars prompt judicial review of constitutional violations. In the meantime, foreign students involved in campus protests—particularly on Middle-East issues—face heightened uncertainty over visa security and future U.S. career prospects.
