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In Latest Legal Loss for Trump, Federal Court Orders Rümeysa Öztürk's Return to Vermont
The ruling in Rümeysa Öztürk's case came less than 24 hours after courts ruled that Badar Khan Suri's case must be heard in Virginia and that Mahmoud Khalil's case must remain in New Jersey.
May 07, 2025
On Wednesday, Tufts University student Rümeysa Öztürk was the third detained international scholar in 24 hours to secure a victory in a case against the Trump administration when a federal appeals panel ordered the government to return Öztürk to Vermont from the crowded Louisiana detention center to which she was sent hours after plainclothes immigration agents arrested her in March.
The Second U.S. Circuit Court of Appeals handed down its ruling weeks after U.S. District Judge William K. Sessions III in Vermont ordered the administration to return Öztürk to the New England state, where she had been located when her attorneys filed a habeas corpus petition on her behalf.
Sessions' ruling had demanded that Öztürk be returned to Vermont for a hearing by May 1, but she remained in Louisiana—where the Trump administration has sent numerous foreign students marked for deportation to ensure their cases would be handled by conservative judges—as the White House appealed the case to the Second U.S. Circuit Court of Appeals.
That court said Wednesday that Öztürk must be sent back to Vermont by May 14, where a federal judge will hold a hearing on her habeas corpus petition on May 22. A bail hearing for Öztürk's release will also be held on May 9.
Öztürk's lawyers argue that the government is unconstitutionally retaliating against her for co-writing an op-ed in her school newspaper last year in which she called on Tufts to divest from companies tied to Israel and its bombardment of Gaza. She was detained in March by plainclothes immigration agents—some of whom wore masks—near her apartment in Somerville, Massachusetts.
"No one should be arrested and locked up for their political views," said Esha Bhandari, deputy director of the ACLU's Speech, Privacy, and Technology Project, which is helping to represent Öztürk. "Every day that Rümeysa Öztürk remains in detention is a day too long. We're grateful the court refused the government’s attempt to keep her isolated from her community and her legal counsel as she pursues her case for release."
Lawyers recently submitted new filings in Öztürk's case in Vermont, describing her living conditions for nearly two months in Louisiana.
In a cramped room with 23 other women, Öztürk has suffered progressively more severe asthma attacks and has been exposed to triggers for her asthma, including insect and rodent droppings and a lack of fresh air.
"Rümeysa has suffered six weeks in crowded confinement without adequate access to medical care and in conditions that doctors say risk exacerbating her asthma attacks. Her detention—over an op-ed she co-authored in her student newspaper—is as cruel as it is unconstitutional," said Jessie Rossman, legal director for the ACLU of Massachusetts. "Today, we moved one step closer to returning Rümeysa to her community and studies in Massachusetts."
With Öztürk expected to return to Vermont within days, the ACLU this week was also celebrating another "huge blow for the Trump administration" in the case of Georgetown University postdoctoral fellow Badar Khan Suri, who was also arrested in March by masked immigration agents before being secretly transported first to Louisiana and then to Texas.
A federal court ruled Suri's habeas corpus case should be heard in a court in Virginia, where he was living with his wife and young children when he was detained.
The Department of Homeland Security said Suri was "rendered deportable" under the Immigration and Nationality Act because he was found "spreading Hamas propaganda and promoting antisemitism on social media"—claims for which DHS offered no evidence.
His lawyers have argued he was being detained for constitutionally protected speech in support of Palestinian rights.
A federal court in Virginia is now set to hear Suri's case regarding his demand to be returned to Virginia and released on bond on May 14.
Eden Heilman, legal director for the ACLU of Virginia, said the court rejected the Trump administration's effort to "find a court it believed would be friendlier to its unlawful detention of people advocating for Palestinian rights."
"We are pleased the court saw through the Trump administration's attempts to manipulate the law, and we won't stop fighting until Dr. Khan Suri is reunited with his family," said Heilman.
Meanwhile, the Third Circuit Court of Appeals in Philadelphia on Tuesday rejected the Trump administration's effort to appeal the issue of where former Columbia University student organizer Mahmoud Khalil's habeas corpus case should be heard, ensuring that a federal court in New Jersey—where Khalil was detained when the petition was filed—will remain the venue for the case.
The administration has been pushing for Khalil's case to be heard in Louisiana, where he has also been in Immigration and Customs Enforcement detention since March, when ICE agents accosted him and his pregnant wife and took him away in an unmarked vehicle—eventually sending him 1,400 miles away from his wife and his legal counsel, where he remained last month during the birth of his first child.
Brett Max Kaufman, senior counsel with the ACLU's Speech, Privacy, and Technology Project, expressed hope that Tuesday's ruling "sends a strong message to other courts around the country facing government attempts to shop for favorable jurisdictions by moving people detained on unconstitutional immigration charges around."
"It is the fundamental job of the judiciary," said Kaufman, "to stand up to this kind of government manipulation of our basic rights."
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Michigan AG Drops Charges Against Pro-Palestinian Campus Protesters
"Our First Amendment rights should never be criminalized. Speaking up against genocide should be lifted up, not slammed with felony charges. Palestinians deserve safety and dignity," said Rep. Rashida Tlaib.
May 05, 2025
Advocates for student protesters and other critics of the U.S.-backed Israeli assault on the Gaza Strip celebrated on Monday after Michigan Attorney General Dana Nessel dropped all charges against seven people arrested last year at the University of Michigan amid allegations of bias that the Democrat rejected.
"When my office made the decision to issue charges of trespassing, and resisting and obstructing a police officer, in this matter, we did so based on the evidence and facts of the case. I stand by those charges and that determination," Nessel said in a statement. She then took aim at Ann Arbor District Judge Cedric Simpson.
"Despite months and months of court hearings, the court has yet to make a determination on whether probable cause was demonstrated that the defendants committed these crimes, and if so, to bind the case over to circuit court for trial, which is the primary obligation of the district court for any felony offense," she said. "During this time, the case has become a lightning rod of contention."
Nessel is Jewish, and on May 2, the Jewish Federation of Greater Ann Arbor submitted to the court a letter defending her against accusations of bias. The attorney general cited the letter in her new statement.
"Baseless and absurd allegations of bias have only furthered this divide," Nessel said. "The motion for recusal has been a diversionary tactic which has only served to further delay the proceedings. And now, we have learned that a public statement in support of my office from a local nonprofit has been directly communicated to the court. The impropriety of this action has led us to the difficult decision to drop these charges."
"These distractions and ongoing delays have created a circus-like atmosphere to these proceedings," she continued. "While I stand by my charging decisions, and believe, based on the evidence, a reasonable jury would find the defendants guilty of the crimes alleged, I no longer believe these cases to be a prudent use of my department's resources, and, as such, I have decided to dismiss the cases."
The defendants—Oliver Kozler, Samantha Lewis, Henry MacKeen-Shapiro, Michael Mueller, Asad Siddiqui, Avi Tachna-Fram, and Rhiannon Willow—had pleaded not guilty. The Detroit Free Pressreported that one of Nessel's deputies, Robyn Liddell, made the motion to dismiss the case and the defendants "hugged each other, smiled, and posed for a photo with their attorneys in the courtroom."
According to the newspaper:
The courtroom was packed with spectators, many of them wearing keffiyehs. They burst into applause at the decision and began chants of "Free Palestine."
Amir Makled, who represented Lewis, said the charges never should have been brought.
"This was not about trespass, this was not about a felony conduct," Makled said. "This was the criminalization of free speech, and today, the state of Michigan agrees."
State Rep. Dylan Wegela (D-26) said on social media Monday: "This is great news. It takes courage to stand up for what is right. The charges should have never been pursued in the first place. I'm glad the students maintained their innocence and didn't accept a plea deal."
Congresswoman Rashida Tlaib (D-Mich.) similarly declared, "Good news for our university student communities!"
"Our First Amendment rights should never be criminalized," added Tlaib, the only Palestinian American in Congress. "Speaking up against genocide should be lifted up, not slammed with felony charges. Palestinians deserve safety and dignity."
Union organizer Anne Elias said that "this prosecution was wrong and I think public pressure on Dana Nessel worked. I feel such relief for our students and community members, as this was a complete surprise for them today."
"[Democrats] largely own this mess, and we must identify the political entanglements—[especially] with President Ono resigning," Elias added, referring to Santa Ono, who is on track to leave his post at the University of Michigan to lead the University of Florida.
In addition to coming under fire for this case, Nessel was criticized late last month for raids of pro-Palestine student organizers' homes that her office said were "not related to protest activity on the campus of the University of Michigan," but "in furtherance of our investigation into multijurisdictional acts of vandalism."
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'I Am Not Afraid of You,' Freed Mohsen Mahdawi Tells Donald Trump
The court's order for the release of the detained student protest leader, said one lawyer, "is a victory for all people in this country invested in their ability to dissent and speak and protest."
Apr 30, 2025
This is a breaking story… Please check back for possible updates...
Mohsen Mahdawi, a Palestinian student targeted for deportation by the Trump administration because he participated in anti-genocide protests at Columbia University, was released on bail Wednesday following an order from Vermont-based U.S. District Judge Geoffrey Crawford.
Politicoreported that upon his release, Mahdawi shared a message for President Donald Trump outside the courthouse.
"I am saying it clear and loud," Mahdawi declared. "To President Trump and his Cabinet: I am not afraid of you."
When Mahdawi, a green-card holder, arrived at a Colchester, Vermont immigration office to complete the process of becoming a U.S. citizen earlier this month, he was arrested by masked, hooded federal agents and put in an unmarked vehicle.
Mahdawi has been held at the Northwest State Correctional Facility in St. Albans since U.S. District Judge William Sessions III blocked the Trump administration's attempt to send him to a detention facility in Louisiana, like other student organizers.
His legal team—including attorneys with the ACLU and Creating Law Enforcement Accountability & Responsibility (CLEAR)—is arguing in court that Mahdawi's detention violates his constitutional rights, including free speech and due process.
"Nobody should fear detention for exercising their rights under the First Amendment. We are delighted that the court recognized that Mohsen is not a flight risk and that he should be released while his case proceeds," said Nathan Freed Wessler, deputy director of the ACLU's Speech, Privacy, and Technology Project, in a Wednesday statement.
CLEAR staff attorney Shezza Abboushi Dallal also welcomed the development: "The court's order to free Mohsen today is a victory for Mohsen, in his just pursuit of continued advocacy for Palestinian lives, and it is a victory for all people in this country invested in their ability to dissent and speak and protest for causes they are morally drawn to. We will continue our legal battle for Mohsen until his constitutional rights are fully vindicated."
Vermont's congressional delegation—Rep. Becca Balint (D) and Sens. Bernie Sanders (I) and Peter Welch (D.)—said in a joint statement Wednesday that "we are relieved that Mohsen Mahdawi was released on bail... and that the constitutional right to due process has prevailed."
"Mohsen Mahdawi is here in the United States legally and acted legally. He should never have experienced this grave injustice," they added. "The Trump Administration's actions in this case—and in so many other cases of wrongfully detained, deported, and disappeared people—are shameful and immoral. This is an important first step. We will continue the fight against President Trump's assault on the rule of law.”
The trio has been advocating for Mahdawi since his arrest. Welch visited him in detention last week and Sanders was among several lawmakers who spoke at a Tuesday rally organized by Balint outside the U.S. State Department in Washington, D.C.
"Mohsen Mahdawi is a cherished member of our community in Vermont, and I want to do everything that I can to elevate his story, because it is an indication of just how far from our values we have strayed," Balint said.
"This administration needs to know that we are watching very carefully what they are doing, that we care about our rights," she stressed, addressing the importance of taking to the streets to protest Trump's actions. "It is about standing up for all of our rights, but it's also about giving Mohsen Mahdawi and other people like him the understanding that we are standing with him."
Highlighting some other cases that have made headlines during Trump's first 100 days, Balint said that "people right now, in our country, are being disappeared by this administration. Children with cancer are being shipped off illegally—babies. Students are being harassed, and detained, and intimidated, and threatened. Why? Because they exercised free speech rights and the right to assemble. These are the rights that are basic to who we are—or who we say we are—as Americans."
Mahdawi grew up in a Palestinian refugee camp in the West Bank, which remains illegally occupied by Israel. Sanders noted Tuesday that "he has used his voice to advocate for peace, justice, and dignity for Palestinians and Israelis."
Speaking out against Mahdawi's arrest, the senator said that "not only was this action cruel and inhumane, most importantly, it was illegal, it was unconstitutional."
"This is not just about Mohsen Mahdawi. It is about you and you and you," he continued, pointing to members of the crowd. "If you can pick up a legal resident off the streets, throw them into a car, and put them in jail without any due process, that could happen to you."
Sen. Chris Van Hollen (D-Md.)—who recently traveled to El Salvador to meet with Kilmar Abrego Garcia—and Reps. Maxine Dexter (D-Ore.), Maxwell Frost (D-Fla.), Pramila Jayapal (D-Wash.), Ayanna Pressley (D-Mass.), Rashida Tlaib (D-Mich.), and Nydia Velázquez (D-N.Y.) also delivered remarks on Tuesday, as did leaders from Demand Progress and Indivisible.
Many of them pointed to others swept up in the Trump administration's effort to crush critics and carry out mass deportations, including Abrego Garcia, who was mistakenly deported to a megaprison in his native El Salvador alongside hundreds of Venezuelan migrants; former Columbia organizer Mahmoud Khalil; Badar Khan Suri, a postdoctoral fellow at Georgetown University; and Tufts University Ph.D. student Rümeysa Öztürk.
A federal district court judge had ordered the Trump administration to transfer Öztürk, a Turkish national, from Louisiana to Vermont by Thursday for a hearing on her petition challenging her detention. However, the government appealed, and the U.S. Court of Appeals for the 2nd Circuit on Tuesday halted the directive. Arguments for the appeal are now scheduled for next week.
Öztürk's legal team, which also includes the ACLU and CLEAR, said in response to Tuesday's decision that "Rümeysa Öztürk never should have been arrested and detained, period. We are ready to argue her case before the 2nd Circuit Court of Appeals, and we won't stop fighting until she is free."
Also on Tuesday, a U.S. district judge in New Jersey rejected the Trump administration's attempt to shut down Khalil's lawsuit arguing that the government is unlawfully detaining him for his political views. Like Öztürk and Mahdawi, his legal team includes the ACLU and CLEAR.
"The court has affirmed that the federal government does not have the unreviewable authority to trample on our fundamental freedoms," Noor Zafar, senior staff attorney with the ACLU's Immigrants' Rights Project, said Tuesday. "This is a huge step forward for Mahmoud and for the other students and scholars that the Trump administration has unlawfully detained in retaliation for their political speech, and a rebuke of attempts by the executive to use immigration laws to weaken First Amendment protections for political gain."
Khalil recently missed the birth of his child, due to his detention. His wife, Noor Abdalla, said Tuesday that "as I am now caring for our barely week-old son, it is even more urgent that we continue to speak out for Mahmoud's freedom, and for the freedom of all people being unjustly targeted for advocating against Israel's genocide in Gaza."
"I am relieved at the court's finding that my husband can move forward with his case in federal court," added Abdalla, a U.S. citizen. "This is an important step towards securing Mahmoud's freedom. But there is still more work to be done. I will continue to strongly advocate for my husband, so he can come home to our family, and feel the pure joy all parents know of holding your first-born child in your arms."
All of these cases are expected to continue to move through the federal judicial system. One case—Abrego Garcia's—has already reached the U.S. Supreme Court. Despite the high court's right-wing supermajority, which includes three Trump appointees, the justices earlier this month unanimously ordered Trump to facilitate Abrego Garcia's return to the United States.
During a Tuesday interview, ABC News anchor Terry Moran suggested that Trump could bring Abrego Garcia home to his family in Maryland with one phone call, saying: "You could get him back. There's a phone on this desk."
Trump responded: "I could... And if he were the gentleman that you say he is, I would do that." The president then accused him of being a member of the gang MS-13, which Abrego Garcia has denied.
On Wednesday, Trump's homeland security secretary, Kristi Noem, toldCBS News that Abrego Garcia "is not under our control. He is an El Salvador citizen. He is home there in his country. If he were to be brought back to the United States of America, we would immediately deport him again."
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