United States President Donald J Trump takes questions in the Oval Office on July 21, 2026. Photo: Aaron Schwartz/POOL via CNP/INST via Reuters Connect.

A federal appeals court on Tuesday overturned an order releasing Columbia University anti-Israel activist Mohsen Mahdawi from immigration detention, ruling that a Vermont district court lacked jurisdiction to intervene before his case had proceeded through the immigration system.

The unanimous US Court of Appeals for the Second Circuit decision did not determine whether Mahdawi may ultimately be deported or address the merits of his claim that the Trump administration targeted him for constitutionally protected speech. Instead, the panel held that such arguments must first be raised through the administrative immigration process and later in a federal appeals court following a final removal order.

The judges vacated an April 2025 order that freed Mahdawi from US Immigration and Customs Enforcement custody and instructed the district court to dismiss his habeas petition for lack of jurisdiction.

“The district court should not have reached this question because it did not have subject matter jurisdiction over the habeas petition,” Judge Debra Ann Livingston wrote for the court.

The ruling could expose Mahdawi to renewed detention, although it does not order his immediate re-arrest. His attorneys are separately challenging the immigration authorities’ decision to pursue his removal.

Mahdawi, 35, was born and raised in the West Bank and entered the United States in 2014. He became a conditional permanent resident in 2015 and an unconditional lawful permanent resident in 2018. Contrary to reports that he had attended Columbia for 15 years, Mahdawi enrolled there as an undergraduate in 2021 and is now a master’s student at the School of International and Public Affairs.

Federal agents arrested him on April 14, 2025, following a naturalization interview at a US Citizenship and Immigration Services facility in Vermont. Secretary of State Marco Rubio determined that Mahdawi’s presence or activities could have “potentially serious adverse foreign policy consequences” for the United States. The government alleged that he had called for Israel’s destruction and engaged in threatening rhetoric and intimidation of pro-Israel observers during Columbia protests. Mahdawi denies that his activism provided lawful grounds for detention or deportation.

During the release proceedings, the government also submitted a 2015 police report in which a gun-store owner alleged that Mahdawi expressed interest in buying firearms and made statements about killing Jews. Mahdawi denied making the remarks, and the FBI closed its investigation that year.

Officials also cited a 2019 incident in which Mahdawi was allegedly found with illegal drugs. The resulting charges were dismissed and the record expunged after he completed a diversion program; Mahdawi denied possessing the drugs.

A Vermont judge ordered Mahdawi released on April 30, 2025, concluding that he was likely to succeed in arguing that the government had retaliated against him for protected political activity. Tuesday’s appeals ruling did not reject that constitutional argument, holding only that the district court was not legally authorized to decide it at that stage.

The Department of Homeland Security called the decision “a win for public safety and the rule of law.” Mahdawi said he would continue challenging the government’s actions.

Follow Dion J. Pierre @DionJPierre.