We haven’t mentioned this case in well-over a year. But it has worked its way up to the Supremes. To be clear, it is unlikely they will ever even agree to review it. There is a USDC Court order out of NJ that grants him his freedom with no bond — but limited travel ability — while the appeals are sorted out. [Within weeks of Trump’s election, then DHS Secy. Kristi Noem — seeking to punish a legally present student, at Columbia U., on a student visa, for speaking freely — grabbed him, from the street near Columbia U. student housing (under cover of darkness), without a warrant, after he had spoken peacefully in favor of the Gazans then being brutalized — by Bibi’s then-Israeli militias.]

Fast forward almost two years, and he remains a free man (but on bail / with no bond) in America. Even so, ICE/DHS continues to try to enforce a kangaroo administrative hearing magistrate order — to deport him to any unnamed third country. Here’s the latest, in full — but that Tangerine 2.0 effort too will fail. He’s entitled to his full First- and Fourth- Amendment rights:

…Just two weeks ago, in response to Mr. Khalil’s petition for writ of certiorari, the Department of Homeland Security stated to the press: “We would encourage him to use the CBP Home App and self-deport….”

Elsewhere, [Trumpian] Respondents consistently encourage noncitizens to arrange for their own deportation, and provide no reason why Mr. Khalil should not be permitted to do the same. To treat him differently in this respect would be further evidence of Respondents’ retaliatory and punitive motives.

And as this Court has already found — and Respondents did not contest — Mr. Khalil is not a flight risk or danger. Dkt. No. 330, J. Farbiarz Hr’g Tr. at 56: 5-11 (June 20, 2025).

One of the reasons Mr. Khalil is seeking to modify his bail order — namely, the return of his passport — is precisely so he can depart from the United States if his removal order becomes enforceable. Under federal regulations, such a departure would effectuate the removal order, fulfilling the government’s interest. 8 C.F.R. §§ 241.17, 1241.7.

The current restraints on Mr. Khalil’s liberty are preventing him from attending speaking events and engaging with the public on matters of pressing concern. The 48-hour requirement has led him to turn down speaking engagements that have arisen while he has been traveling. The continental U.S. restriction has led him to turn down speaking engagements in Hawaii and Puerto Rico. Respondents do not and cannot argue that Mr. Khalil and the people who seek to hear his viewpoints have no interest in doing so….

It is clear this all is, and remains, a punishment for speaking his mind gambit — by the federales: the feds oppose letting him self-deport — solely because they want to re-arrest him, and likely send him to some torture facility (the squalid Jena, LA facility apparently wasn’t torture enough). All for speaking peacefully, as a student protester, here. Damnation. And Mr. Khalil has wisely assessed that he may just take an EU speaking engagement, and not return — if the kangaroo court order ever becomes enforceable.

And sadly — for the continued vitality of the cause of free expression and ordered US liberty — I concur, at least for so long as Trump is still in office. [His minions cannot be trusted to obey final federal court orders they disagree with.]

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_{Post Scriptum: and to be clear, Mr. Khalil seeks review of these issues, at the Supremes:}

“…The questions presented are: (a) whether the Immigration and Nationality Act deprives federal courts of jurisdiction in habeas corpus to review [Trump’s] actions to punish and retaliate against a non-citizen through detention and removal proceedings, in circumstances where the administrative petition-for-review process could not offer meaningful review of “now or never” claims brought under the First and Fifth Amendments, and if so (b) whether that deprivation of habeas jurisdiction violates the Constitution as applied to Petitioner….”

नमस्ते