US Supreme Court asked to rule on green card holder's deportation fight

Mahmoud Khalil, a former Columbia University graduate student and green card holder whom the Trump administration detained and sought to deport on foreign policy grounds, has taken his case to the U.S. Supreme Court. In his petition he asks the justices to let him sue the federal government for allegedly violating his First Amendment rights.

The appeal, announced at a remote press conference on Monday, challenges a divided federal appeals court ruling earlier this year that he cannot litigate his claims before a judge until immigration proceedings against him have been completed.

Key facts

• Khalil, a green card-holder married to an American citizen, was arrested by federal agents in New York City in March 2025.
• He was held more than 100 days in ICE custody pending deportation and was later released while his petition is pending.
• He has not been charged with any crime.
• The Supreme Court is likely to consider the petition at a private meeting in January; if the case is accepted, argument would likely come in the spring with a decision by the end of June.

Why was Khalil detained?

Secretary of State Marco Rubio signed an unusual determination that Khalil's pro-Palestinian activities compromised a compelling U.S. foreign policy interest. Khalil contends he was deliberately targeted as part of a crackdown on pro-Palestinian protests and debate over Israel's war in Gaza that swept college campuses shortly after the president took office.

What question is before the Supreme Court?

The case turns on the writ of habeas corpus, the legal procedure that allows a person detained by the government to challenge that confinement before a judge. If the justices take the case and rule that Khalil may use the procedure, his claim of targeted retaliation over disfavored speech can proceed. If they deny the appeal, he could be deported before getting the chance to make his case.

What does the government say?

A White House spokeswoman said the executive branch has the authority to take actions that protect the country and the immigration system. Spokeswoman Lauren Bis said Khalil obtained his visa by deliberately failing to report information about his background accurately, and warned that people who mislead the government to gain entry to the United States will face consequences.

What this means for travellers

The government's position, as stated by the White House, is that information provided to obtain a U.S. visa must be reported accurately. Khalil has a separate legal challenge pending in the 5th Circuit Court of Appeals focusing on U.S. immigration law. Khalil said the case was "not only about whether I get to stay in this country," but about whether people can speak out for Palestinians without punishment.

The justices are expected to consider the petition in January. If they agree to hear the case, oral argument would likely be scheduled for the spring and a decision is expected by the end of June.