Palestinian Activist Mahmoud Khalil Speaks Out as New Ruling Could Lead to His Rearrest, Deportation

The Third Circuit Court of Appeals overturned a federal district judge's ruling that freed Mahmoud Khali, not on the merits of his constitutional rights claims, but on jurisdictional grounds. The court stated Khali should have first appealed his removal in immigration court.

Now, in a split two-to-one decision, the Third Circuit Court of Appeals has overturned that ruling on jurisdictional grounds, saying Khali should have first appealed his removal in immigration court.

Mahmoud Khali and his legal director, Baher Azmy, argue that the Trump administration is deliberately using the legal system and 'ideological judges' to target activists like Khali, suppress pro-Palestine speech, and make an example of him. They view the jurisdictional ruling as a tactic to force the case into immigration courts, which they describe as executive branch entities that 'rubber stamp' policies rather than independent constitutional courts.

This administration, the Trump administration, is trying everything in its power to come after me, to put the full weight of the government to actually make an example out of me. (1:40) This administration is weaponizing the legal system, how fragile due process can be when our rights are treated as conditional rather than guaranteed. (2:03) They want to take this case into immigration court, which they fully control, so we don't have to present or they don't have to present any any evidence. (4:21) The immigration courts are not real courts. They're part of the executive branch.

Judge William Young, a Reagan appointee, in a related case, described the actions against Khali as an 'unconstitutional conspiracy' between then-Secretary of State Marco Rubio and the Secretary of Homeland Security to 'pick up certain people, to twist the laws, and to go after people they don't like,' aiming to chill free speech for everyone, regardless of status.

Judge Young yesterday in in another case in Massachusetts said that what happened in this case is essentially an unconstitutional conspiracy between Rubio himself and Neomi, the Secretary of of Homeland Security, to pick up certain people, to twist the laws, and to go after people they don't like. (4:31) to make an example out of me, so they chill the speech of everyone in this country, regardless of their regardless of their of of their status.

Khali has filed a $20 million lawsuit against the Trump administration for false imprisonment, malicious prosecution, and deliberate smearing, seeking accountability for what he describes as lawless actions. His current release order remains in effect during the appeals process.

You have filed a $20 million lawsuit against the Trump administration, claiming you were falsely imprisoned, maliciously prosecuted, deliberately smeared. (5:20) this decision taking away jurisdiction from the district court is not doesn't immediately go into effect. So, the the order releasing him is still in effect and will be in effect until the appeals process is exhausted.