A federal appeals court panel reversed a lower court decision that freed a Columbia University student from immigration detention, ruling that only immigration courts have jurisdiction over such cases—a decision critics warn could create separate tiers of constitutional rights for citizens and non-citizens.

Panel Strikes Down Vermont Judge’s Authority

The Second Circuit Court of Appeals panel, composed of one George W. Bush appointee and two judges appointed during President Trump’s first term, determined that U.S. District Judge Geoffrey Crawford in Vermont exceeded his authority when he released Mohsen Mahdawi from Immigration and Customs Enforcement custody in 2025. The three-judge panel concluded that immigration courts alone possess jurisdiction over detention challenges tied to deportation proceedings. Crawford had ruled after two weeks of detention that Mahdawi, a lawful permanent resident, enjoyed the same First Amendment protections as American citizens.

Mahdawi, a 35-year-old student at Columbia University, was taken into custody by masked agents in April 2025 during what was scheduled as a routine citizenship interview. The West Bank refugee later described the appointment as feeling like a setup designed to facilitate his arrest rather than process his naturalization application.

Political Pressure Campaign Preceded Arrest

Secretary of State Marco Rubio led an aggressive effort to remove Mahdawi from the United States, arguing that the student’s advocacy for Palestinian causes could undermine American foreign policy and create adverse diplomatic consequences. Rubio contended that Mahdawi’s continued presence in the country posed risks to United States strategic interests in the Middle East. Mahdawi co-founded Columbia’s Palestinian Student Union and has been vocal about his experiences growing up in the occupied West Bank, including witnessing violence and being shot by an Israeli soldier at age 15.

Another Columbia student and legal permanent resident, Mahmoud Khalil, faced similar detention last year when plainclothes ICE agents removed him from his pregnant wife and transferred him to a detention facility in Louisiana. Khalil was later released.

Constitutional Rights Under Scrutiny

The appeals court decision raises questions about whether lawful permanent residents enjoy the same constitutional protections as citizens. Critics argue the ruling establishes a dangerous precedent that allows the government to suppress dissent among non-citizens without meaningful judicial oversight. Mahdawi stated his confidence that the full court would eventually correct what he called a legal error, though he acknowledged the decision represents a significant setback. The case highlights tensions between immigration enforcement priorities and First Amendment freedoms, particularly when political speech intersects with foreign policy concerns.