US appeals court overturns ruling requiring release of pro-Palestinian activist Mohsen Mahdawi

What Happened

On Tuesday, the US 2nd Circuit Court of Appeals overturned a 2025 district court ruling that had ordered the Trump administration to release Mohsen Mahdawi from immigration detention. Mahdawi, a 35‑year‑old Palestinian Green Card holder and Columbia University student, was detained by ICE in mid‑April 2024 when he attended a citizenship interview in Vermont. He was held after participating in campus protests against Israel’s Gaza offensive. Vermont District Judge Geoffrey Crawford had ordered Mahdawi released on bond, ruling that he enjoyed First Amendment free speech rights. The appeals court held that the district court lacked jurisdiction, stating the case should have been resolved in immigration court. The decision does not order Mahdawi’s re‑arrest but establishes that non‑citizens cannot bypass immigration courts to seek release on First Amendment grounds.

Key Actors

Why It Matters

The ruling reinforces procedural barriers for Green Card holders challenging immigration detention on First Amendment grounds, effectively channeling such claims into the slower, less transparent immigration court system. It follows a similar appeals court decision in the case of Mahmoud Khalil, another Columbia‑linked activist. Together, these rulings could stifle pro‑Palestinian advocacy by Green Card holders, as they may face prolonged detention without the same access to federal constitutional relief. The case is part of a broader controversy over US government actions targeting foreign nationals involved in campus protests against the Gaza war, raising questions about the intersection of immigration enforcement and political speech.

Watch For

Mahdawi’s immigration court proceedings and any deportation attempts; whether his legal team appeals the jurisdictional ruling; the final outcome of Mahmoud Khalil’s case and the impact of his lawsuit against Trump officials and private groups; potential further ICE detentions of pro‑Palestinian activists and their recourse to federal courts; legislative or executive measures targeting foreign nationals’ speech rights.