A federal appeals court heard arguments Tuesday over the Justice Department's push to re-detain pro-Palestinian activist Mahmoud Khalil. CBS News' Katrina Kaufman has more details.

Arguments have concluded in the Third Circuit Court of Appeals regarding the case of Mahmoud Khalil, a pro-Palestinian protester who was previously detained for months and is now facing possible re-detention and deportation by the US Department of Justice. The government contends that Khalil's case should be handled in an immigration court in Louisiana, where he was ultimately detained, rather than in federal court.

The judges questioned the government's practice of moving detainees between states and the resulting confusion over where legal claims should be filed. Khalil's legal team raised constitutional concerns, including First Amendment rights, arguing that some issues cannot be resolved solely in immigration court. The proceedings highlighted the complexity of overlapping legal jurisdictions and the potential need for Supreme Court intervention.

DOJ seeks Mahmoud Khalil's re-detainment and deportation

move on right now, though, because arguments wrapped up earlier today in the hearing in the Third Circuit Court of Appeals in Philadelphia in the case of Mahmoud Khalil, you may remember Khalil is a pro Palestinian protester who iced attained for months. He was taken into custody back in March and accused of hate speech allegations that he has denied. I want to bring in CBS News legal reporter Katrina Kaufman, who's following this for us from New York City. Katrina, thank you for your time today. Can you bring us up to speed on what happened today and what the government is seeking in this case? Mugo. What the government wants in this case is to be able to redetain Mahmoud Khalil, who has been released after he spent months in detention and to be able to proceed with his removal with his deportation from this country. And what they were arguing today is on a fundamental level. They don't even believe that this should be proceeding in a federal court right now. Mugo. They say that this should all be happening in an immigration court down in Louisiana, where Mahmoud Khalil was ultimately detained. But it was a very tricky situation. He was arrested in New York. He was moved through New Jersey on his way to Louisiana. So a threshold question here at the very beginning of these arguments was, was it not appropriate for this habeas claim regarding Khalil's attention to even be filed in New York in the first place? Ultimately, these proceedings happen in New Jersey, where he was in between something that the judges all really seemed to push back on the Mugo is that the government has been arresting people and moving them around the country. And what they're arguing is that they're supposed to just be one custodian here where you make these habeas claims. It's supposed to be where they end up being detained. However, in this case on the government's website, it said Khalil was in New York. That's where his lawyers ended up filing this petition. And while the government's lawyer, Drew Ensign, argued that ultimately it should have moved down to Louisiana, what the judges said is how are lawyers supposed to anticipate this? Are they supposed to wait for days until Monday when these websites are updated when the government is sometimes taking 24 48 hours to spirit people out of the country? So they seem to have a real issue there. But there was sharp questioning on both sides for the government. They really seem to say that their strongest point is that essentially there's these two proceedings, one regarding Khalil's detention that's currently going on in New Jersey, the other about his removal that's going on in Louisiana and Mugo. What they say is that could potentially give someone quote two bites at the apple. They have two cases proceeding in different places in different circuits. Ultimately, that might have to be resolved by the Supreme Court. But when it comes to Khalil side, they say that they raised some real points about how there are fundamental constitutional questions here about First Amendment rights, for example, about the determination that was made that led to Khalil's arrest in the first place that can't necessarily be resolved in an immigration court by an immigration judge. All right, Katrina Kaufman, thank you so much for your insight today. Appreciate it.

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