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US Appeals Court Says Decision to Free Mahmoud Khalil Lacked Jurisdiction, Opens Door to Rearrest
Anti-Israel activist and former Columbia University student Mahmoud Khalil marching with followers in New York City on June 22, 2025. Photo: Reuters Connect
A US federal appeals court ruled on Thursday that a lower court judge lacked the authority to order the release of a prominent anti-Israel activist who helped stage riotous demonstrations on New York City college campuses.
Mahmoud Khalil, an Algerian citizen born in a Palestinian refugee camp in Syria, was detained by the Trump administration in March after federal agents arrested him at his Manhattan apartment for what the Department of Homeland Security described as “activities aligned to Hamas, a designated terrorist organization.” The State Department also alleged that Khalil was supporting Hamas and argued his residing in the US posed “serious adverse foreign policy consequences.”
Immigration officials moved Khalil to New Jersey, leading his case to be transferred there to US District Judge Michael Farbiarz.
Khalil was held without charge for more than 100 days at a facility in Louisiana administered by US Immigration and Customs Enforcement, until Farbiarz ordered his release in June, ruling that the government failed to prove he posed a threat and suggesting the detention may have violated his First Amendment rights.
On Thursday, however, a three-judge panel of the Philadelphia-based 3rd US Circuit Court of Appeals ruled 2-1 that the lower court lacked “subject-matter jurisdiction” under federal immigration law to halt the Trump administration’s effort to deport Khalil.
According to the appeals court, the district court that considered his lawsuit was not the proper forum to address Khalil’s claims, which should have been heard through an appeal of a removal order from an immigration judge in accordance with the Immigration and Nationality Act (INA).
The ruling stressed that Khalil lacks legal standing to challenge the government’s decision to deport him before his case has been adjudicated in immigration court, adding that the INA does not allow for a petition to review (PFR) the case at the federal level at this time.
“The scheme Congress enacted governing immigration proceedings provides Khalil a meaningful forum in which to raise his claims later on — in a petition for review of a final order of removal,” an opinion issued by the majority says. “That scheme ensures that petitioners get just one bite at the apple — not zero, or two. But it also means that some petitioners, like Khalil, will have to wait to seek relief for allegedly unlawful government or conduct.”
It added, “Because Khalil raises legal questions that a PFR court can meaningfully review later on, the INA bars him from attacking his detention and removal in a habeas petition.”
In a statement, Khalil was defiant even as he faces the possibility of being again detained.
“The door may have been opened for potential re-detainment down the line, but it has not closed our commitment to Palestine and to justice and accountability,” he said. “I will continue to fight, through every legal avenue and with every ounce of determination, until my rights, and the rights of others like me, are fully protected.”
Additionally, his lawyers, provided by the American Civil Liberties Union (ACLU), vowed to exhaust “every available avenue,” which may include a petition for his case to be decided by the US Supreme Court.
Speaking to Fox News, the Trump administration commended the decision, saying, “Mahmoud Khalil was given the privilege of coming to America to study on a student visa he obtained by fraud and misrepresentation. As we have always maintained, the executive branch has the lawful authority to take actions that will protect the public and to ensure the integrity of our immigration system.”
Beyond Khalil’s alleged pro-Hamas activities, the US government has maintained that its action was warranted by his lying to obtain a green card. In court documents it charged that Khalil did not disclose that he had interned for the United Nations Relief and Works Agency (UNRWA), a group that was found multiple times to have been breached by Hamas members, and also concealed key details about another position he held at the British embassy in Beirut, Lebanon. Khalil, the government added, also did not inform immigration officials about his leadership role in the notorious “Columbia University Apartheid Divest” (CUAD) group.
As previously reported by The Algemeiner, CUAD perpetrated illegal building occupations and severe infrastructure sabotage while Khalil participated in a graduate program at Columbia University in the months after the Hamas-led Oct. 7, 2023, massacre across southern Israel. The acts stunned Columbia’s campus, prompting fears of imminent revolutionary-style violence on campus even as Jewish students and faculty received antisemitic hate mail and death threats.
The Department of Homeland Security initially arrested Khalil while acting on an executive order issued by President Donald Trump which called for the deportation of foreign nationals who cause antisemitic hate incidents. A major provision of the order calls for the deportation of extremist “alien” student activists, whose alleged support for terrorist organizations, intellectual and material, such as Hamas supposedly contributed to fostering antisemitism, violence, and property destruction on college campuses.
Khalil has refused to condemn Hamas and even once denied that antisemitism at Columbia University required a policy response from school officials.
“I would say there is manufactured hysteria about antisemitism at Columbia because of the protests,” Khalil told Ezra Klein in an interview with The New York Times last year. “There are incidents here and there. But it’s not like antisemitism is happening at Columbia because of the Palestine movement … This is why I always push back. I have a strong belief that antisemitism and anti-Palestinian racism rise together because the same groups are perpetrating that in different ways.”
Khalil then went on to assert some of the very claims prompting accusations of antisemitism in the anti-Israel movement, accusing the Jewish state of “genocide” while arguing that the accusation is aimed at making pro-Israel supporters “uncomfortable” and defending the terrorist-led Palestinian intifadas.
“I don’t want to sanitize history,” Khalil continued. “Like I told you, the second intifada involved violent acts, but overwhelmingly, they were peaceful.”
Over 1,000 Israelis were killed in the early 2000s during the second intifada, when Palestinian terrorists ramped up violence targeting Israelis that included suicide bombings, shootings, and stabbings.
As previously reported by The Algemeiner, pro-Hamas activists at Columbia produced several indelible examples of campus antisemitism, including a student who proclaimed that Zionist Jews deserve to be murdered and are lucky he is not doing so himself, brutal gang-assaults on Jewish students, and administrative officials who, outraged at the notion that Jews organized to resist anti-Zionism, participated in a group chat in which each member took turns sharing antisemitic tropes that described Jews as privileged and grafting.
CUAD was among the most strident pro-Hamas organizations on campus and once promoted itself by distributing literature which called on students to join Hamas’s movement to destroy Israel and America.
“This booklet is part of a coordinated and intentional effort to uphold the principles of the thawabit and the Palestinian resistance movement overall by transmitting the words of the resistance directly,” said a pamphlet distributed by CUAD, a Students for Justice in Palestine (SJP) spinoff, to incoming freshmen. “This material aims to build popular support for the Palestinian war of national liberation, a war which is waged through armed struggle.”
Other sections of the pamphlet were explicitly Islamist, invoking the name of “Allah, the most gracious” and referring to Hamas as the “Islamic Resistance Movement.” Proclaiming, “Glory to Gaza that gave hope to the oppressed, that humiliated the ‘invincible’ Zionist army,” it said its purpose is to build an army of Muslims worldwide.
“We call upon the masses of our Arab and Islamic nations, its scholars, men, institutions, and active forces to come out in roaring crowds tomorrow,” it added, referring to a then-upcoming event. “We also renew our invitation to the free people and those with living consciences around the world to continue and escalate their global public movement, rejecting the occupation’s crimes, in solidarity with our people and their just cause and legitimate struggle.”
Columbia University denounced the group in 2025 as a part of a rollout of policies to combat antisemitism and unauthorized demonstrations which disrupted academic life.
In a statement issued in July, university president Claire Shipman said the institution will hire new coordinators to oversee complaints alleging civil rights violations; facilitate “deeper education on antisemitism” by creating new training programs for students, faculty, and staff; and adopt the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism — a tool that advocates say is necessary for identifying what constitutes antisemitic conduct and speech.
Follow Dion J. Pierre @DionJPierre.
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Israel Helps Somaliland Tackle Water Crisis, Welcomes First Ambassador After Recognition
Israel’s special envoy for water issues, Ambassador Rony Yedidia Clein, center, stands with Somaliland’s director-general at the Ministry of Water Development, Aden Abdela Abdule, second from the right, and other officials at a waste treatment facility in Israel, Feb. 25, 2025. Photo: Screenshot
Israel has initiated a multi-prong approach to aid Somaliland in overcoming a series of droughts which have plagued the Horn of Africa region for years, lending its support in water management and other areas as the two sides formally establish diplomatic relations.
On Monday, the first official delegation from Somaliland — 25 water sector workers — arrived in Israel following Jerusalem’s decision in December to become the first country to officially recognize the Republic of Somaliland as an independent and sovereign state
Israel’s agency for international development cooperation, MASHAV, is spearheading the collaboration effort.
“Honored to welcome this morning the participants of the 1st [MASHAV] tailor-made course for Somaliland’s National Water Authority (SNWA) ‘National Water Resources Planning and Management,’ building capabilities and bilateral cooperation,” the Israeli agency’s head, Eynat Shlein, posted on social media.
Israel’s envoy for water issues, Ambassador Rony Yedidia Clein, and the Somaliland visitors toured the National Center for Water Education and Innovation at the Shafdan wastewater treatment complex in Rishon LeZion.
Despite being largely arid and having limited natural freshwater supply, Israel has emerged as a global leader in water management, recycling nearly 90 percent of its wastewater, primarily for agricultural irrigation.
Aden Abdela Abdule, who serves as director general of Somaliland’s Ministry of Water Development, met with Eden Bar Tal, director general of Israel’s Foreign Ministry. According to Shlein, the two officials “stressed the importance of the bilateral relations and the joint partnership. During the meeting and a separate discussion with the MASHAV team, we discussed the vast potential to cooperation between the two states.”
The situation has become dire for Somaliland’s farmers struggling with thirsty crops.
“We are desperate,” Faysal Omar Salah, who operates a family farm near the village of Lallays, told AFP, describing how his children survive on milk from his cattle. “If the rain crisis continues, we will just leave this land and go to a town. We hope Israel will help us cultivate our dry land.”
Israeli experts will reportedly visit Somaliland soon to aid in installing technology to counter a variety of water challenges which have hit the African country’s 6.2 million inhabitants. Over the last five years, the rainy seasons in the region have arrived late and diminished, causing shortages, regular droughts, and a need to rely on groundwater. In addition, Somaliland has seen water losses in its city regions and lacks major monitoring technology.
“Inshallah, Israel is going to help us changing our practices. Because if you want to change practices, you need to have knowledge,” Agriculture Ministry official Mokhtar Dahir Ahmed told AFP.
Meanwhile, Israel and Somaliland have moved to formalize their diplomatic relations.
On Wednesday, Israel’s Foreign Ministry announced it had formally welcomed Dr. Mohamed Haji, recognizing him as the fully accredited Ambassador Extraordinary and Plenipotentiary of the Republic of Somaliland to Israel. Israel will reciprocate by naming its ambassador to Somaliland in the coming weeks.
Somaliland’s President Abdirahman Mohamed Abdillahi is scheduled to make his first official visit to Israel at the end of March, the Jerusalem Post reported, citing sources familiar with the matter. He had previously visited in December for discreet negotiations that led to the partnership with the Jewish state.
According to experts, the growing Israel-Somaliland partnership could be a “game changer” for Israel, boosting the Jewish state’s ability to counter the Yemen-based Houthi terrorist group while offering strategic and geographic advantages amid shifting regional power dynamics.
Unlike most other states in the region, Somaliland has relative security, regular elections, and a degree of political stability — qualities that make it a valuable partner for international allies and a key player in regional cooperation.
Somaliland, which has claimed independence for decades in East Africa but remains largely unrecognized, is situated on the southern coast of the Gulf of Aden and bordered by Djibouti to the northwest, Ethiopia to the south and west, and Somalia to the south and east. It has sought to break off from Somalia since 1991 and utilized its own passports, currency, military, and law enforcement. The region remains distinct from the rest of Somalia due to the dominance of the Isaaq clan.
However, several Arab, Islamic, and African countries, including regional powers, publicly rejected the move, as did other states such as China.
Somalia’s President Hassan Sheikh Mohamud warned Israel at the Al Jazeera Forum in Doha on Feb. 7 against establishing a military base in Somaliland.
“We will confront any Israeli forces that enter, because we oppose this and will never allow it,” he said.
That same day, the Somali president blasted Israel’s decision to recognize Somaliland in an interview with Iran’s PressTV propaganda network. Mohamud labeled Israel’s recognition as “reckless, fundamentally wrong, and illegal action under international law.”
The European Union also opposed the decision, saying it “reaffirms the importance of respecting the unity, the sovereignty, and the territorial integrity” of Somalia.
US President Donald Trump has said he opposes recognition of Somaliland, but his administration defended Israel’s decision, saying Jerusalem “has the same right to conduct diplomatic relations as any other sovereign state.”
Somaliland’s minister of the presidency, Khadar Hussein Abdi, told AFP on Saturday that the government is prepared to offer mineral rights and military infrastructure in exchange for recognition from the United States. The region includes significant lithium deposits, putting it in potential competition with China which currently dominates the market, controlling roughly 65-70 percent of the world’s lithium refining capacities and 60 percent of rare earthing mining.
“Situated along the Gulf of Aden near the Bab el-Mandeb Strait – a chokepoint linking the Red Sea to the Suez Canal and carrying roughly 10 percent of global seaborne trade – the territory [Somaliland] offers not only resource potential but strategic logistics leverage,” Anne-Laure Klein, managing director in the portfolio operations group for Rothschild and Company, wrote on Thursday in Energy Capital & Power, a publication which encourages energy investments in Africa.
“For Washington, combining mineral access with positioning along a key maritime corridor could strengthen both supply chain security and transatlantic export routes at a time of intensifying geopolitical competition,” she added. “The question now is whether diplomatic recognition will follow – and if strategic geography and untapped minerals together are enough to tip the balance.”
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Young Republicans Flock to Anti-Israel Candidate in Florida Governor’s Race
Florida gubernatorial candidate James Fishback. Photo: Screenshot
A radically anti-Israel candidate in Florida’s Republican primary for governor is by far the most popular choice for young voters, despite being accused of antisemitism, a new poll has found.
The University of North Florida poll, released on Tuesday, showed 31-year-old James Fishback, the founder and chief executive of the investment firm Azoria, leading comfortably among Republican voters aged 18–34.
While Fishback remains a long-shot contender overall, the results found he captured 32 percent support among younger Republicans surveyed, compared to just 8 percent for US Rep. Byron Donalds, who continues to lead the broader primary field. Another 46 percent said they were not sure.
Overall, Donalds leads the field with 31 percent support, followed by Fishback far behind at 6 percent. More than half of those polled, 51 percent, said they were not sure who to support.
Fishback has drawn criticism for relentlessly attacking Israel and, according to some critics, veering into antisemitic discourse.
While addressing students at the University of Central Florida earlier this month, Fishback said he “will not visit the country of Israel under any circumstances.” The candidate went on to mock the Western Wall, calling it a “stupid wall.”
“This is how antisemitism rebrands itself in 2026,” Rabbi Steven Burg, the CEO of Aish, a global Jewish educational organization, wrote of Fishback’s comments in a recent op-ed for the Sun Sentinel.
Fishback has also criticized Donalds for arranging a forum at a south Florida synagogue, accusing the congressman of expressing favoritism toward Jewish people. The insurgent candidate also came under fire for praising supporters of antisemitic social media personality Nick Fuentes as “patriots” and “civil.”
“We had a great conversation, and they have a real pulse for what is going on in the country,” Fishback said of Fuentes’s supporters.
In December, the Network Contagion Research Institute (NCRI) released a report analyzing online support for Fuentes, suggesting he has received a major boost from inauthentic amplification by anonymous actors in foreign countries such as India, Pakistan, Nigeria, Malaysia, and Indonesia.
If elected, Fishback has vowed to direct all state government entities to “divest” from bonds issued by the Israeli government on his first day in office. He has also accused Israel of committing “genocide” in Gaza and stated that the supposed “genocide” should be taught in Florida public schools.
Donalds, a stalwart conservative and strident ally of US President Donald Trump, has established himself as a firm supporter of Israel. The lawmaker expressed support for Israel’s right to self-defense in the wake of Hamas’s Oct. 7, 2023, massacre across southern Israel. As skepticism about Israel has surged within the Republican Party in recent months, Donalds has maintained strong vocal support for the Jewish state.
During an interview with Fox Business in December, Donalds lamented rising antisemitism and anti-Israel sentiment within the country and around the world.
“This level of antisemitism, this hatred against Jewish people and against Israel, it’s out of control. It’s insane,” Donalds said.
The latest University of North Florida poll, conducted among likely Republican voters in Florida, included a small sample of 39 respondents in the 18–34 age bracket. Though limited in scope, the findings reflect a broader trend seen in some national surveys, indicating a generational shift among parts of the Republican Party, with younger voters expressing more skepticism toward both Israel and American Jews than their older counterparts.
For example, the Manhattan Institute, a prominent US-based think tank, released a major poll in December examining the evolving makeup of the Republican Party (GOP) and its current attitudes toward Israel and Jewish Americans.
According to the results, newer entrants to the GOP are more likely to be antisemitic
“Anti-Jewish Republicans are typically younger, disproportionately male, more likely to be college-educated, and significantly more likely to be New Entrant Republicans,” the survey found. “They are also more racially diverse. Consistent church attendance is one of the strongest predictors of rejecting these attitudes; infrequent church attendance is, all else equal, one of the strongest predictors of falling into this segment.”
This group is also in general more politically liberal, according to the survey: “Given that many of these voters are younger and former Democrats, more progressive policy tendencies are unsurprising.”
The data also showed that older GOP voters are much more supportive of Israel and less likely to express antisemitic views than their younger cohorts.
According to the data, 25 percent of GOP voters under 50 openly express antisemitic views as opposed to just 4 percent over the age of 50.
Startlingly, a substantial amount, 37 percent, of GOP voters indicate belief in Holocaust denialism. These figures are more pronounced among young men under 50, with a majority, 54 percent, agreeing that the Holocaust “was greatly exaggerated or did not happen as historians describe.” Among men over 50, 41 percent agree with the sentiment.
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Fetterman Hosts AIPAC, Bondi Survivor in DC Office, Voices Support for ‘Jewish Community and Our Special Ally’
US Sen. John Fetterman (D-PA) gives an interview in his office in the Russell Senate Office Building in Washington, DC, Jan. 18, 2024. Photo: Rod Lamkey / CNP/Sipa USA for NY Post via Reuters Connect
US Sen. John Fetterman (D-PA) welcomed representatives from the American Israel Public Affairs Committee (AIPAC) and a survivor of the Bondi Beach massacre to his Washington, DC office on Tuesday, expressing support for the “global Jewish community” and the longstanding strategic partnership between the US and Israel.
“Proudly welcomed AIPAC and a survivor of the Bondi Beach massacre — a living reminder of the global scourge of antisemitism. My voice and vote will always stand with and support the global Jewish community and our special ally,” Fetterman posted on the social media platform X.
Proudly welcomed @AIPAC and a survivor of the Bondi Beach massacre—a living reminder of the global scourge of antisemitism.
My voice and vote will always stand with and support the global Jewish community and our special ally. pic.twitter.com/mz5damSvV9
— U.S. Senator John Fetterman (@SenFettermanPA) February 24, 2026
Fetterman, who has emerged as a prominent pro-Israel voice among Democrats on Capitol Hill, has signaled unwavering support for the Jewish state as its standing among liberal voters and progressive lawmakers has cratered.
The Pennsylvania lawmaker has repeatedly affirmed Israel’s right to defend itself from the Hamas terrorist group in Gaza and has defended the Jewish state from unsubstantiated claims of “genocide.” He also displayed the photos of the hostages captured by Hamas-led terrorists during their Oct. 7, 2023, massacre across southern Israel in his office, drawing praise from pro-Israel Americans.
Despite his party’s increasing opposition to US military support for Israel, Fetterman has repeatedly vowed to vote in favor of such support for the Jewish state, rankling the progressive wing of the Democratic Party.
“I’m a really strong, unapologetic supporter of Israel and it’s really not going to change for me when [Donald] Trump becomes [president]. My vote and voice is going to follow Israel,” Fetterman said during an interview in December 2024.
One year later, Fetterman lamented the deadly attack on a Hanukkah celebration at Sydney’s Bondi Beach in December that killed 15 people who attended the Jewish gathering and wounded at least 40 others, expressing alarm about the global rise in antisemitism.
“After years of anti-Israel protests in Australia, at least 11 Jews were just gunned down at a Hanukkah event. Tree of Life to 10/07 to Bondi Beach: antisemitism is a rising and deadly global scourge. I stand and grieve with Israel and the Jewish global community,” he posted shortly after the shooting, using a figure based on an early death toll.
Though American lawmakers from both major political parties roundly condemned the Bondi Beach massacre, Fetterman’s decision this week to publicly meet with AIPAC, the premier pro-Israel lobbying group in the US, will likely raise eyebrows among his liberal supporters.
In the two years following the breakout of the Israel-Hamas war, AIPAC’s standing among the Democratic party has plummeted dramatically. In primary races across the country, Democratic hopefuls are being pressed on their connections to AIPAC and facing demands to pledge not to accept funding from the group, which seeks to foster bipartisan support for the US-Israel relationship. The emergence of AIPAC support as a kind of litmus test has raised concerns among Jewish Democrats that the party is becoming increasingly inhospitable to Jews and Zionists.
According to polls, Fetterman is unpopular among Democratic primary voters, making him vulnerable in a primary competition. Numerous progressives in the Keystone State have signaled they are gearing up to challenge Fetterman for the party nomination in 2028.
However, Fetterman maintains shockingly high approval ratings among Republicans and strong approval ratings among independents, potentially injecting a significant degree of uncertainty into the Pennsylvania Senate race if he were to run as an independent in the general election.