A federal appeals court on Tuesday overturned a lower court’s 2025 ruling that ordered the Trump administration to release Mohsen Mahdawi, a Palestinian Columbia University student, from immigration detention. The U.S. Court of Appeals for the Second Circuit ruled that federal law barred the courts from getting involved in the case at that stage.
Mahdawi was arrested on April 14, 2025, when he arrived for his naturalization interview in Colchester, Vermont. ICE agents detained him without warning at what he believed would be his citizenship test, sparking national attention as a flashpoint in the administration’s crackdown on foreign students.
A district judge had found last year that the Trump administration was likely targeting Mahdawi for his protected speech criticizing the Israel-Gaza war. The judge ordered his release on First Amendment grounds. However, the appeals panel disagreed with the court’s authority to intervene. U.S. Circuit Judge Debra Ann Livingston, appointed by former President George W. Bush, wrote for the panel: “We conclude that the district court should not have reached this question.”
The Second Circuit’s decision represents a major legal victory for the administration, which has successfully argued that judges have limited jurisdiction to second-guess the government’s immigration enforcement decisions. The ruling mirrors a similar decision issued in January by the U.S. Court of Appeals for the 3rd Circuit in the case of Mahmoud Khalil, another Palestinian student at Columbia University who has fought the same type of designation.
Mahdawi is not without options. The appeals panel made clear he can seek review once the immigration system issues a final order of removal, which has already occurred. With his removal order to Jordan in hand, Mahdawi is now appealing to the U.S. Court of Appeals for the 1st Circuit, though his appeal remains pending. His attorneys at the American Civil Liberties Union warned that without interim review, Mahdawi has no remedy to prevent government detention while his case proceeds.
The Trump administration has cited two alleged incidents in seeking to deport Mahdawi. In 2015, a gun shop owner allegedly told police that Mahdawi visited and said he used to build guns “to kill Jews while he was in Palestine.” Mahdawi acknowledged visiting the store but denied any such discussion. The administration also claims Mahdawi was stopped by border officials in 2019 and found with LSD, methamphetamine, and mushrooms. The record was expunged after he completed a diversion program, and Mahdawi denies possessing illegal drugs.
The three-judge panel included judges appointed by both parties: Judge Livingston by George W. Bush, and judges William Nardini and Steven Menashi by President Trump. Their ruling reflects growing judicial deference to immigration enforcement decisions even when First Amendment concerns are raised.
Sources
- Reuters — confirmed the Second Circuit’s July 21 decision overturning the 2025 release order
- The Hill — provided detailed reporting on the appeals court decision, the judges’ reasoning, the district judge’s earlier finding of likely targeting, and the panel composition
- Columbia Daily Spectator — documented Mahdawi’s appeal to federal court and his background as a Columbia student
- ABC News — reported on Mahdawi’s April 2025 arrest at his naturalization interview
- NPR — covered the initial arrest and detention by ICE
