A U.S. appeals court ruled Tuesday that a lower court did not have jurisdiction to order the release of Mohsen Mahdawi, a pro-Palestinian advocate, from immigration detention. The decision, made by a three-judge panel of the Second Circuit Court of Appeals in Manhattan, could open the door for Mahdawi’s potential re-arrest as deportation proceedings against him continue.

Mahdawi, 35, is among several non-citizen students who were placed in deportation proceedings last year following their participation in protests against Israel’s military operations in Gaza. Their arrests sparked legal challenges centered on whether the Trump administration’s immigration enforcement actions infringed on First Amendment rights, specifically freedom of speech.

The appellate panel, comprising two judges appointed by former President Donald Trump and one appointed by President George W. Bush, did not support the Trump administration’s broader argument that lawfully present non-citizens could be deported because their presence was contrary to U.S. foreign policy. However, the court also ruled that lower courts lacked jurisdiction to intervene quickly in immigration detention cases based on alleged violations of free speech protections. This ruling mirrors an earlier decision by the Third Circuit involving Mahmoud Khalil, another pro-Palestinian advocate who spent over 100 days in detention before release on bond.

Neither Mahdawi nor Khalil have been charged with any crimes, and both were authorized to be in the United States at the time of their detentions. Mahdawi has expressed confidence that the full Second Circuit or the U.S. Supreme Court will ultimately uphold constitutional protections. Meanwhile, his legal team, represented by the American Civil Liberties Union, has called the government’s actions an unprecedented attempt to detain individuals for extended periods without clear recourse, effectively censoring speech without judicial review.

The federal government under the Biden administration has continued efforts to expedite deportations, describing these moves as upholding public safety and the rule of law. Mahdawi now has the option to request an en banc hearing before all active judges of the Second Circuit or to appeal directly to the Supreme Court.

The case highlights ongoing tensions between immigration enforcement policies and constitutional rights, particularly for non-citizens protesting foreign policy matters. Legal experts note that these court decisions could make it more challenging for detained immigrants to quickly seek release on the basis of constitutional claims while removal proceedings are underway.