Administrative appellate body within the U.S. Department of Justice’s EOIR
The Third Circuit has declined to rehear Mahmoud Khalil's challenge to his detention and potential deportation, leaving open a path for a Supreme Court review as Khalil pursues First Amendment and due process claims amid a high-profile pro-Palestinian campus case.
The Third Circuit has stayed its ruling to allow Khalil’s case to proceed to the Supreme Court while he appeals. Khalil, a lawful permanent resident, has challenged his detention and deportation linked to pro-Palestinian activism. Separate immigration court proceedings continue, with an appeal to the 5th Circuit also looming.
A series of 6-3 rulings across several federal circuits has reinforced broad presidential authority in immigration and asylum matters. The courts have allowed mass detention and swift enforcement actions under executive orders, while some panels require bond hearings for detainees. The fabric of due process and administrative power is being tested as the administration pushes sweeping policy changes.
The U.S. appeals courts have ruled on cases involving noncitizen students and activists challenging deportation. The Fourth Circuit upholds due process protections for a Palestinian activist; the Second and Third Circuits have overturned lower-court releases, while authorities argue the cases hinge on immigration court jurisdiction.
The East Montana detention camp in El Paso faces renewed scrutiny as ICE extends its operation and a no-bid contract through Sept. 2027, with a potential cost of $776 million in addition to a $452 million initial award. Reports of mistreatment, safety concerns, and detainee deaths are shaping a fierce political debate.