Trump-appointed judges block release of pro-Palestine protester from ICE custody

A federal appeals court on Tuesday overturned a lower court ruling that had freed Columbia student and pro-Palestinian protester Mohsen Mahdawi from ICE custody.

A Second Circuit panel—composed of one George W. Bush appointee and two Donald Trump first-term appointees—determined that Mahdawi should not have been released from ICE custody in 2025. The panel argued that the Vermont-based federal judge who made the initial ruling lacked jurisdiction to do so.

The panel concluded that only an immigration court could oversee Mahdawi's detention challenge, as the case was "inextricably linked" to his deportation suit.

Mahdawi Responds

"Today's decision is a grave setback, although I am confident justice will ultimately prevail," Mahdawi said in a statement provided by the American Civil Liberties Union. "It reflects a dangerous failure under political pressure, one that risks turning the federal courts into instruments of politics rather than guardians of constitutional freedom."

Background on the Case

Mahdawi was arrested by masked agents in April 2025 during his scheduled citizenship interview. He later told ABC News that he felt the appointment was a "trap."

His detention resulted from an aggressive pressure campaign led by Secretary of State Marco Rubio to push the West Bank refugee out of the country. Rubio at one point argued that Mahdawi's presence in the U.S. could "potentially undermine" U.S. foreign policy, claiming his pro-Palestinian advocacy could create "adverse foreign policy consequences."

Personal History

Mahdawi grew up in a Palestinian refugee camp in the West Bank, where most of his family remains. He has been outspoken about his experiences growing up in the occupied region, describing the murders of his friends and loved ones by Israeli forces, and the violence he experienced when he was shot in the leg by an Israeli soldier at the age of 15.

He co-founded Columbia University's Palestinian Student Union alongside Mahmoud Khalil, another legal U.S. permanent resident who was detained and later freed. Khalil was sent to an ICE center in Louisiana last year after being taken by plainclothes ICE agents from his pregnant wife.

Previous Ruling

U.S. District Judge Geoffrey Crawford in Vermont, who released Mahdawi after two weeks' detention last year, ruled at the time that the 35-year-old enjoyed the same First Amendment rights as U.S. citizens.

Mahdawi's Statement on the Appeals Ruling

"By weakening the First Amendment and creating different tiers of rights for citizens and non-citizens, this ruling hands the government a dangerous power: the power to intimidate, censor, and punish dissent without meaningful restraint," Mahdawi's Tuesday statement continued.

"But I still have faith that the full court will correct the legal error and restore the constitutional principles that protect all people equally. This struggle continues for Palestine, for dignity and equality everywhere, and for the democratic promise of freedom that must belong to us all; until Palestine is free."

This story has been updated.

Read more about Mahdawi:

• Columbia Student Has Clear Message for Trump After Judge Frees Him