Federal appeals court sides with Trump admin in judge's Mahmoud Khalil decision

In a 2-1 decision, a three-judge panel of the 3rd U.S. Circuit Court of Appeals ruled that U.S. District Judge Michael Farbiarz of New Jersey lacked "subject-matter jurisdiction" under federal immigration law to halt the Trump administration's effort to remove Khalil.

White House spokeswoman Abigail Jackson told Fox News Digital in a statement: "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."

"Khalil obtained his visa by willfully and intentionally failing to accurately report information relevant to his background. Those who lie to the government to obtain entry into the United States will face justice," Jackson said.

"Our holdings vindicate essential principles of habeas and immigration law. 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. We will therefore VACATE and REMAND with instructions to dismiss Khalil's habeas petition," the majority wrote in their opinion.

"Today's ruling is deeply disappointing, but it does not break our resolve," Khalil said. "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. 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."

"The public actions and continued presence of [redacted] and Khalil in the United States undermine U.S. policy to combat anti-Semitism around the world and in the United States, in addition to efforts to protect Jewish students from harassment and violence in the United States," he added.