Khalil v. Trump (Amicus Brief)
Summary
What this Case is About
After immigration authorities detained Mahmoud Khalil, a Palestinian graduate of Columbia University and a lawful permanent resident, over his pro-Palestine advocacy, a divided panel of the U.S. Court of Appeals for the Third Circuit held that federal courts could not hear his claim of retaliatory detention until his immigration proceedings were over.
ADC filed an amicus brief urging the full Third Circuit to rehear the case, joined by the Foundation for Individual Rights and Expression, PEN America, the Rutherford Institute and the First Amendment Lawyers Association. The brief argues that retaliatory detention inflicts an immediate and irreparable First Amendment injury, and that immigration courts within the executive branch cannot meaningfully judge constitutional claims against that same branch. In May 2026, the court denied rehearing; five judges would have granted it, and three of them dissented.
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