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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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Rep. Jared Moskowitz becomes latest Jewish lawmaker to reveal antisemitic threats
(JTA) — The messages that Rep. Jared Moskowitz said he received at his office were filled with obscenities, calls to “kill Jews” and warnings that the Florida Democrat would be “going down.”
Moskowitz played the voicemails during an interview with CNN’s Sara Sidner on Friday as he described a sharp rise in antisemitic hostility against Jewish lawmakers since Oct. 7, a trend he said reflected a broader normalization of antisemitic rhetoric in American public life.
“We seem, Sara, to have passed a Rubicon now with these antisemitic threats,” Moskowitz said. “It used to be once in a while you’d see a swastika on a building, once in a while, you know, someone would say something online. Now it’s every day, all the time, on podcasts, online, in the media, in the halls of Congress, and they’re trying to get Jews.”
CNN played multiple messages that illustrated Moskowitz’s point, with Sidner warning viewers that what they would hear was “deeply disturbing.”
Moskowitz, who is Jewish, said the spate of threats had caused him to need a police officer stationed outside his home 24 hours a day, since a man was sentenced to prison for plotting to kill him in November 2024.
“The U.S. government needs to kill Jews, you kill these f–cking nasty Jews, kill every single f-cking Zionist scumbag,” a caller said in one of the voicemails. “Zionism is treason to ‘we the people’ in our U.S. Constitution. Kill Israel.”
Another caller left this message: “Hey you Zionist Jew f-cking pig. How about no more money for Israel? Funding Israel, stealing more of our money for Israel. F-ck Israel, let them f-cking burn to the ground. You’re going down too, sir.”
Moskowitz is far from the only Jewish lawmaker to report a rapidly increasing number of antisemitic threats and harassment in recent weeks. The shift comes as both parties grapple with internal tensions about how to handle antisemitism within their ranks, and as anger about Israel and the Iran war funnels more attention to U.S. Jews. It also comes amid rising political violence in the United States.
“It’s no longer a Republican and a Democrat [issue],” Rep. Max Miller, a Jewish Ohio Republican, told Axios this week. “Both ends of our parties are wackadoos who hate Jews.”
Miller received a message warning that “antisemitism is on the rise because you guys think you own the f-cking world,” according to Axios, which said the caller added, “You guys are going to be shot dead every f-cking day.”
Among the messages highlighted by a recent Axios report on the phenomenon was a letter sent to New York Democratic Rep. Jerry Nadler, in which one constituent wrote that “Hitler was spot-on, 100% right about the filth that you Jew-bastards, you kikes are.” In a voicemail left for Ohio Democratic Rep. Greg Landsman’s office, one caller said, “I don’t like Jewish people, and the congressman should just go die.”
The lawmakers say the phenomenon is new. “Across the board, we have never seen anything like this in my lifetime in public office,” Jewish California Rep. Brad Sherman told the New York Times last month. “It’s like you turned the volume up from two to 10.”
The volley of antisemitic threats has also spilled into the real world, with Miller reporting last year that a man had attempted to run him off the road while calling him a “dirty Jew.” Last year, a man set fire to the residence of Jewish Pennsylvania Gov. Josh Shapiro hours after his family hosted a Passover seder there.
“We need good people to not be quiet,” Moskowitz said when Sidner asked him what message should be sent in response to the rise in antisemitic rhetoric targeting lawmakers.
“There are people out there, they may disagree with U.S. policy, they may not like the leader of a country, but they shouldn’t be allowing antisemites into their movement,” Moskowitz said. “They should not be embracing this sort of behavior, because they’re trying to win some sort of political point. It should be obvious.”
Moskowitz’s comments echoed a growing debate over the normalization of antisemitic rhetoric within American politics on both the left and the right, with Jewish lawmakers and watchdog groups warning that language once relegated to the fringes has increasingly become mainstream.
Last week, Texas U.S. Senate candidate James Talarico told the Jewish Telegraphic Agency that he would not campaign with Maureen Galindo, a Democratic congressional candidate in Texas who says she wants to open a “prison for American Zionists” among other incendiary remarks. Talarico said in a statement that “antisemitic rhetoric has no place in our politics.”
On Wednesday, Sen. Rand Paul’s son William apologized after he made repeated antisemitic comments directed at New York Republican Rep. Mike Lawler, who is not Jewish, including calling Jews “anti-American.”
Moskowitz told CNN that, while people may criticize the Israeli government and Israeli Prime Minister Benjamin Netanyahu, the voicemails left at his office illustrated “how quickly, you know, they go from Zionism to Jews, Israel to Jews.”
“Listen, if you don’t like Netanyahu, great, go out and criticize him all day long,” Moskowitz said. “But don’t let people into your tent that you know are threatening to kill my family or my kids.”
The post Rep. Jared Moskowitz becomes latest Jewish lawmaker to reveal antisemitic threats appeared first on The Forward.
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Jewish groups denounce fatal shooting at San Diego mosque, say it proves need for security funding
(JTA) — Jewish groups are denouncing a fatal shooting at a mosque in San Diego in which three people, including a security guard, were killed. They are also saying the incident, which follows attacks on synagogues, underscores a need for more federal funding for security at houses of worship.
Police in San Diego said they are investigating the attack on the Islamic Center of San Diego as a hate crime. San Diego Police Chief Scott Wahl said two teenagers, ages 17 and 19, who appeared to have carried out the attack were found dead of self-inflicted gunshot wounds in a car nearby.
“We are heartbroken by today’s attack on the Islamic Center of San Diego. Islamophobia has no place in California or anywhere in this country,” Jesse Gabriel, chair of the California Legislative Jewish Caucus, said in a statement. He added, “We are committed to working with our colleagues to strengthen protections for houses of worship and combat hate-motivated violence.”
The attack, which occurred at about 12:30 p.m. local time, sent five area schools into lockdown, including a Hebrew charter school.
“We’re safe and we’re following the direction of the police,” a representative for Kavod Hebrew Charter School told the Jewish Telegraphic Agency by phone on Monday afternoon. Kavod is a non-religious bilingual K-8 school that employs a number of Jewish and Israeli educators.
A synagogue that houses a school in an adjacent neighborhood also said it was briefly locked down in the immediate aftermath of the shooting.
The mosque attack comes two months after a man rammed an explosives-laden truck into one of the largest synagogues in the United States, Temple Israel in Michigan. There, the synagogue’s robust security training was credited with halting the attack. Children were inside the adjacent preschool at the time.
“The images coming from San Diego are all too familiar to us,” Temple Israel said in a message to its community that it posted to social media. It said that one of its rabbis, Jen Lader, was in Washington, D.C., to lobby for $1 billion in federal security funding for houses of worship.
Jewish Federations of North America said it had more than 400 local Jewish leaders in Washington to lobby for the security funding, which it said was necessary to protect religious communities from threats that are “real, urgent, and growing.” The $1 billion ask is a centerpiece of JFNA’s response to growing security concerns and would represent more than a doubling of federal spending on security needs for houses of worship.
“To anyone who feels this is excessive, what happened to Temple Israel two months ago, and now, the Islamic Center of San Diego, proves that it is not optional funding,” Temple Israel said. “Every dollar will be necessary to protect houses of worship all over the country.”
Imam Taha Hassane of the Islamic Center of San Diego, which includes a mosque and the adjacent Al Rashid School, said teachers, students and school staff were safe.
“At this moment, all that I can say is sending our prayers and standing in solidarity with all the families in our community here, and also the other mosques and all the places of worship in our beautiful city,” Hassane said during a press conference Monday afternoon. “They should always be protected. It is extremely outrageous to target a place of worship. Our Islamic Center is a place of worship. People come to the Islamic Center to pray, to celebrate, to learn.”
Law enforcement across the country are tightening security measures in response to the attack in San Diego.
“While there is currently no known nexus to NYC or specific threats to NYC houses of worship, out of an abundance of caution, the NYPD is increasing deployments to mosques across the city,” the New York Police Department said in a statement.
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Mamdani’s first Jewish Heritage event reveals a narrowed circle
The Jewish American Heritage Month reception at Gracie Mansion, the mayor’s official residence on the Upper East Side, on Monday evening felt unlike any before it. It was not simply because the host, Zohran Mamdani, is New York City’s first Muslim mayor or because the Shavuot-themed menu was dairy. It was that the annual gathering came amid one of the most strained relationships between a mayor and much of New York’s Jewish establishment in recent memory.
Even the setting reflected the changed atmosphere. Previous receptions under former mayors had spilled into a large tent in the mansion’s garden overlooking the East River, with buffet tables lined with kosher food, bars stocked with liquor and wine, live music and packed crowds of rabbis, communal leaders, elected officials and supporters mingling late into the evening. The longstanding traditional events became demonstrations of the close alliance with mainstream Jewish organizations and pro-Israel activists, who formed a key part of their political base.
This year’s gathering was different. The event was moved indoors to Gracie Mansion’s smaller blue reception room. The crowd of 150 people was served by waiters quietly circulating through the room with small dairy dishes in honor of Shavuot: miniature cheesecakes, halved cheese blintzes, cheese bourekas served with a touch of charif on the side, potato knishes, chocolate mousse, salad cups and cheese-ball skewers. The drink selection was limited to Herzog wine from California and water.
There was no music at all — not even a cappella — despite the easing of traditional restrictions during the final days of the Omer before Shavuot.
Mamdani’s Jewish commissioners, deputy mayors and aides circulated through the room, greeting attendees. But absent were prominent Jewish figures in city government and politics, including Police Commissioner Jessica Tisch, Comptroller Mark Levine, Manhattan Borough President Brad Hoylman-Sigal and most of the local elected officials. The only Jewish elected officials in attendance were Councilmembers Harvey Epstein and Lincoln Restler, and former comptroller and now congressional candidate Brad Lander.
The crowd itself reflected the Jewish coalition emerging around Mamdani’s mayoralty: anti-Zionist activists aligned with groups such as Jews For Racial & Economic Justice and Jewish Voice for Peace; liberal Jewish leaders affiliated with New York Jewish Agenda, who have sharply criticized Mamdani on Israel and antisemitism issues while continuing to engage with the administration, and those aligned with pro-peace organizations; and Hasidic leaders from the Satmar community in Williamsburg, who religiously oppose Zionism and have long shaped their relationship with municipal government around local priorities such as housing, education and nonprofit funding.
Mamdani was introduced by Phylisa Wisdom, executive director of the Office to Combat Antisemitism, who also serves as the unofficial director for Jewish affairs. Rabbi Irwin Kula, president of the National Jewish Center for Learning and Leadership, delivered the invocation, and Jake Levin, manager of the Mayor’s Office of Mass Engagement, served as emcee.
The mayor offered some greetings, describing the preparations for Shavuot across the city, the teaching of Jewish values and his administration’s effort to combat rising antisemitism. “Jewish New Yorkers have worked to cultivate a city that is safe and open to all,” Mamdani said. “You should be accorded the same security and the same peace of mind.”
He then honored Ruth Messinger, the trailblazing Jewish political leader who in 1997 became the first and only woman to win the Democratic nomination for New York City mayor and went on to lead American Jewish World Service. Messinger backed Mamdani in the mayoral race last year. Guests were then privately ushered in to take photos with Mamdani.
Mamdani’s coalition

The reception came just days after Mamdani reignited tensions with many Jewish communities by posting a Nakba Day video produced by his City Hall media team commemorating the displacement of Palestinians during Israel’s founding in 1948. That was followed by what was perceived as a delayed and balanced response to pro-Palestinian protesters descending on a heavily Jewish Brooklyn neighborhood where a synagogue hosted a real estate sale that included West Bank properties.
The Nakba video angered many Jewish New Yorkers who already viewed Mamdani’s sharp criticism of Israel and embrace of Palestinian activism as dismissive of Jewish fears over rising antisemitism. Despite the backlash, there was little indication that Mamdani intends to moderate the political identity that brought him to power. Mamdani defended the video Monday morning when pressed about the civic purpose of using official city resources to mark Nakba Day, saying that acknowledging Palestinian suffering does not negate Jewish suffering or Israel’s history. He also declared that his “door is always open” to Jewish leaders despite the backlash.
But on Monday, a notable array of prominent Jewish leaders did not walk in — or were not invited.
Among those absent were leaders of the Jewish Community Relations Council, the Conference of Presidents, UJA Federation of New York, Board of Rabbis, Anti-Defamation League, American Jewish Committee, the Reform movement, Met Council, Orthodox Union, Agudath Israel of America and Chabad-Lubavitch. Devorah Halberstam and Yaacov Behrman, leaders affiliated with Lubavitch in Crown Heights who recently appeared with Mamdani, did attend.
Some Jewish communal leaders absent from the Gracie Mansion reception have embraced a strategy of total opposition to Mamdani, viewing engagement with him as legitimizing a mayor they see as hostile to Zionism. Other organizations that are dependent on city grants or ongoing access to the municipal government have continued engaging with City Hall even while publicly criticizing the mayor’s rhetoric on Israel and antisemitism.
But that has become increasingly harder for them. The UJA Federation of New York, which hosted Mamdani for a mayoral candidate forum last year, said its leadership did not attend because it was “being hosted by a mayor who denies a core pillar of our heritage — the State of Israel as the homeland of the Jewish people.”
Rabbi Joseph Potasnik, executive vice president of the New York Board of Rabbis, who was among 19 Jewish leaders on Mamdani’s transition team, told the New York Post he declined an invitation to join.
The reception suggested that Mamdani is continuing to cultivate a smaller alternative Jewish coalition, separate from the traditional pro-Israel communal establishment and rooted more in progressive activism and pragmatic community relationships. Mamdani recently appointed Rabbi Miriam Grossman, a JVP activist, as his faith liaison. To his critics, however, the evening underscored how narrow that coalition remains within the broader Jewish community of New York City.
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