US court overturns order releasing pro-Palestinian Columbia activist Mohsen Mahdawi

A U.S. federal appeals court has overturned a lower court ruling that ordered the release of pro-Palestinian activist Mohsen Mahdawi, allowing the possibility of his re-arrest and deportation. The decision came on Tuesday from the 2nd U.S. Circuit Court of Appeals in New York, reversing a prior judgment by a federal judge in Vermont. That judge had ruled in favor of Mahdawi, granting him temporary freedom based on his status as a permanent resident and his constitutional rights under the First Amendment. The appeals panel determined that the lower court judge had exceeded his authority by intervening in Mahdawi’s case before it had fully progressed through the immigration court process. This ruling echoes a similar decision made earlier this year regarding Mahmoud Khalil, another former Columbia University student who faced deportation due to his involvement in anti-Israel activism. Both men were part of the university’s anti-Israel group, Columbia University Apartheid Divest (CUAD), which organized protests marked by confrontations with law enforcement and allegations of supporting extremist views. Mahdawi, 35, is currently challenging an order of removal issued against him in immigration court. Born and raised in the West Bank, he has resided in the United States since 2014 and holds permanent residency. His legal troubles began in April 2025 when he was detained upon arrival for an interview related to his application for U.S. citizenship. After spending two weeks in custody, he was released by U.S. District Judge Geoffrey Crawford in Vermont, who argued that Mahdawi’s First Amendment rights should be treated similarly to those of U.S. citizens. Crawford’s ruling referenced a parallel case involving Khalil, who was also a key member of CUAD. The group, known for its radical stance against Israel, engaged in activities including harassment of Jewish students, unauthorized protests, and property damage. It has been associated with statements advocating the eradication of Western civilization and distributing materials linked to Hamas. Members of the group have also expressed support for violent actions against Zionists. Despite these associations, supporters of Mahdawi point to instances where he publicly opposed antisemitism. At a Columbia University rally in November 2023, he addressed concerns about hate speech among pro-Palestinian activists. During a December 2023 appearance on “60 Minutes,” he reiterated his condemnation of antisemitic rhetoric within the movement. Government officials have cited a 2015 police report alleging that Mahdawi, while residing in the West Bank, had made remarks suggesting he intended to build weapons to target Jews. A local gun store owner reportedly described such conversations, and a friend of the store owner claimed Mahdawi had previously stated he liked killing Jews. However, Mahdawi denied these accusations when questioned by the FBI, leading to the closure of the investigation. The recent appellate decision allows the government to potentially resume deportation proceedings against Mahdawi. While he can continue to challenge his case within the immigration court system, the outcome will depend on how he navigates the legal process ahead. As the situation unfolds, the broader implications for individuals involved in politically charged activism remain under scrutiny.