Politico 10/23/25
A panel of federal appeals court judges appeared deeply skeptical Tuesday of the Trump administration’s effort to detain and deport pro-Palestinian activist Mahmoud Khalil using an obscure provision of immigration law.
A three-judge panel from the Philadelphia-based 3rd Circuit Court of Appeals heard arguments from government lawyers seeking to overturn a lower court’s order releasing Khalil, a legal permanent resident of the U.S., from detention in Louisiana and finding that the Trump administration’s application of the law was likely unconstitutional.
For more than three months earlier this year, Khalil was held in detention in Louisiana after the Trump administration arrested him, invoking a rarely used provision of immigration law that allows the government to deport any noncitizen — even a legal resident — if the secretary of State determines that the person’s continued presence harms U.S. foreign policy interests.
Khalil’s lawyers, meanwhile, argued that Farbiarz had correctly blocked the Trump administration from using the foreign-policy provision. One judge, Hardiman, asked “why shouldn’t the government have the power to remove people from the country that are harmful to the country?”
“I think the answer is, it has many means to do so, but it can’t be based on lawful, protected speech, political — particularly core political — speech,” said Bobby Hodgson, a lawyer for Khalil. “And I think to find otherwise, and to find that Mr. Khalil cannot make out a First Amendment claim.”
“I think that is a different analysis, and reasonably so,” Hodgson replied. “I think this is the exceptional case where it is about core political speech.”
Last month, an immigration judge in Louisiana ordered Khalil deported to Syria or Algeria based on another rationale the Trump administration tacked on after Khalil’s arrest in Manhattan: failing to disclose certain information, including some past employment and membership in an organization, on his green card application.
Khalil’s lawyers have said they intend to appeal the deportation order.