US appeals court overturns release of pro-Palestinian advocate Mahdawi, citing lack of jurisdiction

A U.S. appeals court has reversed a ruling that mandated the release of pro-Palestinian advocate Mohsen Mahdawi from immigration detention. The Manhattan-based 2nd U.S. Circuit Court of Appeals determined that the initial court overstepped its bounds by not allowing immigration courts to handle the jurisdiction first.

Mahdawi, a 35-year-old Columbia University student from the West Bank, was detained in April 2025 after participating in demonstrations against Israel's military actions in Gaza. His arrest, along with others, highlighted a conflict between the Trump administration's immigration enforcement and First Amendment free speech rights. While the appeals court did not endorse the administration's broader strategy of deporting non-citizens based on foreign policy concerns, its ruling could impede future attempts by detained non-citizens to secure release by citing alleged violations of their constitutional rights.

U.S. District Judge Geoffrey Crawford had previously ordered Mahdawi's release on bond, asserting his First Amendment rights. However, the 2nd Circuit panel, comprising judges appointed by Presidents Trump and George W. Bush, stated that the case should have proceeded through the immigration court system, which operates under the Justice Department, before reaching district courts that address constitutional matters independently.