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Trump administration asks US Supreme Court to allow detention of pro-Palestinian scholar

The petition argues federal courts lack authority to free immigration detainees and cites a circuit split as the justices weigh a redetention request.

  • On Monday, the Department of Justice asked the Supreme Court to overturn a decision allowing Georgetown University scholar Badar Khan Suri to remain free, seeking to redetain the researcher after his release earlier this year.
  • Immigration authorities detained Khan Suri in March 2025, alleging he threatened U.S. foreign policy, but a district court judge subsequently ordered his release, finding the government likely violated his First Amendment rights.
  • A 2-1 panel of the 4th Circuit Court of Appeals ruled in July that federal courts maintain jurisdiction over such cases, with Judge DeAndrea Benjamin writing that "no provision within the immigration code deprived" federal courts of authority.
  • Solicitor General John Sauer argued in Monday's petition that the appellate decision risks disrupting immigration enforcement nationwide, stating, "That is all practically disastrous," while asserting noncitizens must petition immigration courts.
  • DOJ lawyers cited a "clear divide" among federal circuits as grounds for the appeal, aiming to resolve conflicting legal rulings involving the release of activist Mahmoud Khalil before the Supreme Court.
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Law.com broke the news on Monday, September 21, 2026.
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