Appeals Court Clears Path to Re-Arrest Columbia Activist Mahdawi
A federal appeals court reversed the order freeing Mohsen Mahdawi, a Columbia University pro-Palestinian activist and green card holder, clearing the way for the government to re-arrest him. The Second Circuit ruled Tuesday that the Vermont judge who freed Mahdawi had acted too soon — before Mahdawi had gone through the full immigration court process. The decision follows the same logic the court used earlier this year against Mahmoud Khalil, and it raises urgent questions for any green card holder facing removal proceedings based on their speech.
A federal appeals panel reversed the court order that had kept Columbia University activist Mohsen Mahdawi free, opening the door to his re-arrest. The Second US Circuit Court of Appeals in New York City issued the unanimous ruling on Tuesday, July 22, 2026, overturning a Vermont federal judge who had ordered Mahdawi's release and compared the government's actions to McCarthyist repression.
What the ruling actually says
The appeals panel did not rule on whether the government was right to target Mahdawi. It ruled on procedure: the Vermont judge stepped in too early, before Mahdawi had exhausted his options inside the immigration court system. The panel said he can still challenge the constitutionality of his arrest — the claim that he was targeted for criticizing Israel — but only after going through immigration courts first. Mahdawi, 35, is currently appealing a removal order issued by the Board of Immigration Appeals (BIA), the highest administrative body in the US immigration court system. The ruling mirrors an earlier Second Circuit decision against Mahmoud Khalil, Mahdawi's former Columbia classmate, issued earlier in 2026.
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Mahdawi became a legal permanent resident (green card holder) in 2015. He was born in a refugee camp in the Israeli-occupied West Bank. Immigration agents arrested him during a citizenship interview in April 2025, as part of the Trump administration's effort to deport noncitizens who protested against the war in Gaza. He was released two weeks after that arrest and later graduated from Columbia. The American Civil Liberties Union (ACLU), which represents Mahdawi, said Tuesday that the government cannot detain or deport him while his appeal is still active. The Department of Homeland Security did not respond to a request for comment.
The case is one of several involving student activists detained by federal agents. Rümeysa Öztürk, a Turkish doctoral student at Tufts University, was detained after co-signing an opinion piece critical of Israel. The Second Circuit is expected to issue a separate ruling on her case. At a hearing last September, government attorneys argued that both students had improperly used habeas corpus — a legal tool that lets a person challenge their detention in federal court — before finishing the immigration court process. The ACLU countered that immigration courts, overseen by the Trump Justice Department, cannot offer meaningful relief.
What to do
- If you are a green card holder in removal proceedings, do not skip any immigration court hearings. Missing a hearing can result in an automatic removal order issued against you.
- If you believe your arrest was based on your speech or political views, tell your attorney immediately. That argument must be preserved now — you can raise it in federal court only after you exhaust immigration court options.
- If you receive a Notice to Appear (NTA) — the document that starts removal proceedings — contact an immigration lawyer before your first court date. The ACLU and local legal aid organizations may offer free help if you cannot afford an attorney.
- Do not assume a pending appeal protects you from detention. Ask your attorney specifically whether a stay of removal or a bond hearing applies to your case.
What to do, step by step — see our guide “Appealing to the BIA”.
Fishkin Law Firm, New York
This ruling confirms what the Khalil decision already signaled: federal courts will not step in to release someone in immigration detention until that person has fully worked through the immigration court system, including an appeal to the Board of Immigration Appeals. For green card holders who believe their arrest violates the First Amendment, that argument is not lost — but it must be raised at every level of the immigration court process now, so it is preserved for federal review later. If you are in removal proceedings and think your case involves protected speech or political targeting, consult an immigration attorney immediately to build that record.
Frequently Asked Questions
Can the government arrest Mahdawi right now?
The ACLU says no — not while his appeal of the removal order is still active. But the appeals court ruling removed the court order that had been blocking his arrest. His legal team will need to seek other protections to keep him free during the appeal.
What is habeas corpus, and why does it matter here?
Habeas corpus is a legal tool that lets a person ask a federal court to review whether their detention is lawful. The appeals court ruled that Mahdawi used it too early — he must go through immigration courts first before a federal judge can step in.
Does this ruling affect other green card holders in removal proceedings?
Yes. The ruling confirms that green card holders cannot go straight to federal court to challenge their detention or removal. They must first appeal through the immigration court system, including the Board of Immigration Appeals, before a federal judge will hear their case.
What happens if Mahdawi loses his appeal at the Board of Immigration Appeals?
He can then take his constitutional claims — including the argument that he was targeted for his political speech — to a federal court. The appeals panel specifically said that path remains open to him once he has exhausted his immigration court options.