Circuit split on detained pro-Palestinian activists sets stage for Supreme Court review

On July 23, 2026, the Fourth Circuit affirmed Georgetown scholar Badar Khan Suri's release on First and Fifth Amendment grounds. Two days earlier, the Second Circuit overturned Columbia student Mohsen Mahdawi's release. A separate appeals court likewise ruled Mahmoud Khalil's release lacked authority. The conflicting rulings likely push the Supreme Court—with its 6-3 conservative majority—to settle whether immigration law can target political speech.