On August 21, 2026, the Knight Institute filed an amicus brief in Khalil v. Blanche, a case challenging the Trump administration’s attempt to deport Mahmoud Khalil, a lawful permanent resident, for his core political speech. After an immigration judge ordered Mr. Khalil removed from the United States, Mr. Khalil appealed to the Board of Immigration Appeals (BIA). Mr. Khalil also filed a Motion to Remand to the immigration judge so that he could introduce new evidence released in AAUP v. Rubio demonstrating First Amendment retaliation against him and other noncitizens engaged in pro-Palestinian advocacy. The BIA dismissed Mr. Khalil’s appeal, refused to consider his constitutional claims, and denied his Motion to Remand. Mr. Khalil appealed to the Fifth Circuit.

The amicus brief makes two points in urging the Fifth Circuit to reverse the BIA’s decision. First, the brief explains that the trial record and district court decision in AAUP v. Rubio demonstrate that Mr. Khalil was targeted based on his core political speech as part of a government policy of arresting, detaining, revoking the visas of, and deporting noncitizens who engage in pro-Palestinian advocacy. Second, the brief explains that Khalil's First Amendment challenge to his attempted deportation may go forward because, even if his claim would otherwise be barred, it falls with the exception the Supreme Court has carved out for "outrageous" government conduct.

Status: Briefing on appeal ongoing.

Case Information: Khalil v. Blanche, No. 26-60344 (5th Cir.)