(NEW YORK) — For the second time in a little more than a week, attorneys have announced that an immigration court has terminated deportation proceedings against a pro-Palestinian student after Secretary of State Marco Rubio claimed they posed a threat to foreign policy.
According to a letter filed in court, attorneys for Mohsen Mahdawi, the Columbia University student who was detained at his naturalization interview in April, a judge has found that the Department of Homeland Security “did not meet its burden of proving by clear and convincing evidence” that he is removable.
It comes after an immigration court terminated removal proceedings against Tufts University Ph.D. student Rümeysa Öztürk. Her attorneys announced the order in a letter to the federal judge overseeing the case challenging her detention on Feb. 9.
For Mahdawi’s case, immigration judge Nina Froes appears to have based her decision on the finding that DHS failed to authenticate a memo allegedly signed by Rubio claiming Mahdawi was a threat to U.S. foreign policy.
Mahdawi’s attorneys have argued that, like other pro-Palestinian demonstrators, organizers and students, he was being targeted for his constitutionally protected speech.
Öztürk, like Mahdawi, was also labeled a foreign policy risk by Rubio in a memo.
Both cases can be appealed by the Trump administration, so their habeas petitions will likely continue to play out in federal court.
“I am grateful to the court for honoring the rule of law and holding the line against the government’s attempts to trample on due process,” Mahdawi said in a statement. “This decision is an important step towards upholding what fear tried to destroy: the right to speak for peace and justice.”
“In a climate where dissent is increasingly met with intimidation and detention, today’s ruling renews hope that due process still applies and that no agency stands above the Constitution,” he added.
In response to a request for comment about both cases, the Department of Homeland Security sent a previous statement about Mahdawi and said: “It is a privilege to be granted a visa or green card to live and study in the United States of America. When you advocate for violence, glorify and support terrorists that relish the killing of Americans, and harass Jews, that privilege should be revoked, and you should not be in this country. No activist judge, not this one or any other, is going to stop us from doing that.”
Mahdawi was detained in Vermont last spring during his citizenship interview. Arguing that he should continue to be detained, lawyers for the Trump administration pointed to a 2015 FBI investigation, in which a gun shop owner alleged that Mahdawi had claimed to have built machine guns in the West Bank to kill Jews.
However, the FBI closed that investigation and Mahdawi was never charged with any crime, a point a federal judge highlighted when he ordered Mahdawi’s release.
In response to the government’s allegations against him, Mahdawi and his lawyers have firmly refuted allegations that he ever threatened Israelis or those of the Jewish faith. He told ABC News he has been advocating for peace and protesting against the war in Gaza.
“So for them to accuse me of this is not going to work, because I am a person who actually has condemned antisemitism,” Mahdawi said. “And I believe that the fight against antisemitism and the fight to free Palestine go hand in hand, because, as Martin Luther King said, injustice anywhere is a threat to justice everywhere.”
Öztürk was detained in March by masked federal agents, and the arrest was captured on camera. Attorneys representing her said she was targeted, like other high-profile arrests of students, for her Pro-Palestinian views, specifically, for co-authoring an Op-Ed in the student paper in March 2024 calling on the school’s administration to take steps to “acknowledge the Palestinian genocide.”
A federal judge ordered her release in May.
“Today, I breathe a sigh of relief knowing that despite the justice system’s flaws, my case may give hope to those who have also been wronged by the U.S. government,” Öztürk said in a statement on Feb. 9. “Though the pain that I and thousands of other women wrongfully imprisoned by ICE have faced cannot be undone, it is heartening to know that some justice can prevail after all.”
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