Let's say that ICE keeps Khalil locked up during his court hearing and appeals. Months and months in custody.
And he's winning each time with his First Amendment Rights. And TSF is using Koramatsu*, which hasn't been overturned, as justification for quarantining (if not deporting) so-called HAMAS-loving people.
It goes to the USSC. 5-4 to let him go. And it issues an order.
But TSF keeps Khalil in custody indefinitely.
It becomes a REAL, PALPABLE Constitutional Crisis. Because it's a person, not a concept or a law. Khalil becomes a symbol like Martin Luther King, Jr., Nelson Mandela, Leonard Peltier, etc. AND a de facto leader of immigrants' rights and deportation.
I think TSF chose the wrong victim for his purposes.
* Koramatsu is an infamous USSC case where a Japanese American civil rights leader fought against the forced internment of Japanese Americans during World War II. FDR's USSC upheld his confinement at an internment camp.
https://en.wikipedia.org/wiki/Korematsu_v._United_States
BTW, the "law" that allowed Japanese, German, and Italian immigrants to be quarantined from American society was created by two EXECUTIVE ORDERS by FDR. Congress had nothing to do with the creation and did nothing to negate the programs.