The 3rd U.S. Circuit Court of Appeals on Tuesday granted a temporary stay protecting Mahmoud Khalil from being detained again while he seeks review of his case before the Supreme Court of the United States.
The ruling pauses an earlier court order that had denied a rehearing in Khalil’s detention case and temporarily prevents the Trump administration from taking him back into custody during the appeals process.
Khalil, a green card holder married to a U.S. citizen, was released from U.S. Immigration and Customs Enforcement custody in June after being arrested by federal agents in New York City in March 2025.
His detention stemmed from a determination by Marco Rubio that Khalil’s public speech and activism could “compromise a compelling U.S. foreign policy interest.”
Following Tuesday’s decision, Brett Max Kaufman, senior counsel at the American Civil Liberties Union’s Center for Democracy, welcomed the ruling.
“We’re grateful that the court recognized the irreparable harm Mahmoud would face if he were re-detained before the Supreme Court has a chance to review his case,” Kaufman said.
He argued that renewed detention would unnecessarily separate Khalil from his family and suppress political expression.
“We look forward to asking the Supreme Court to make clear that the government cannot use the threat of detention and deportation to silence dissent,” Kaufman added.
























