A judge has ordered the release of a Palestinian man who led protests against the war in Gaza as a student at Columbia University and was arrested by immigration officials during an interview about finalizing his US citizenship.
US District Judge Geoffrey Crawford in Burlington, Vermont, issued his ruling following a hearing on Mohsen Mahdawi, a legal permanent resident for 10 years, who was arrested by Immigration and Customs Enforcement agents on April 14. He has been held at the Northwest State Correctional Facility in St. Albans.
A judge later issued an order barring the government from removing him from the state or country.
Mahdawi’s lawyers say he was detained in retaliation for his speech advocating for Palestinian human rights.
According to court documents, his notice to appear in immigration court says he is removable under the Immigration and Nationality Act because Secretary of State Marco Rubio determined his presence and activities “would have serious adverse foreign policy consequences and would compromise a compelling US foreign policy interest.”
The government argues that Mahdawi’s detention is a “constitutionally valid aspect of the deportation process” and that district courts are barred from hearing challenges to how and when such proceedings are begun.
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