WASHINGTON — Palestinian activist and lawful permanent U.S. resident Mahmoud Khalil has petitioned the Supreme Court to allow federal judges to swiftly review immigration-related detentions, aiming to prevent individuals from facing prolonged detention without judicial oversight.
Khalil's filing asks the high court to reverse a ruling issued earlier this year by the 3rd U.S. Circuit Court of Appeals in Philadelphia. That lower court decision concluded that federal courts lack jurisdiction to evaluate the legality of such detentions until immigration proceedings are fully completed.
The Department of Homeland Security defended the government's position on Monday, asserting that living in the U.S. is a privilege and maintaining that the administration acted within its statutory and constitutional authority regarding Khalil and other noncitizens accused of supporting violence or damaging property. The agency suggested he use the CBP Home app to self-deport.
While the 3rd Circuit has temporarily paused its ruling to enable Khalil's Supreme Court appeal, he currently remains free. The high court's potential involvement could be reinforced by a separate, conflicting decision from the 4th U.S. Circuit Court of Appeals, which upheld the release of Georgetown University scholar Badar Khan Suri and prompted a distinct government appeal. If the justices choose to take up the matter, oral arguments would likely be scheduled for next year.