Lawyers for Jailed Palestine Defender Mohsen Mahdawi Demand His Release
One attorney said that the former Columbia University organizer "sits in a jail cell because of his lawful speech," while another reminded supporters that Mahdawi "has not been charged with any crime."
Attorneys for Mohsen Mahdawi, a Palestinian student organizer at Columbia University and permanent U.S. resident caught up in the Trump administration's crusade against Palestine defenders, argued in federal court Wednesday that their client was illegally arrested and detained for his constitutionally protected speech and should be immediately freed.
In what Mahdawi's legal team hailed as a "victory," U.S. District Judge Geoffrey W. Crawford extended a temporary restraining order issued last week by Judge William Sessions III to prevent federal officials from transferring Mahdawi from Vermont, where he is being held at the Northwest State Correctional Facility in St. Albans. Crawford also scheduled a new hearing for Mahdawi on April 30.
Addressing the nearly 100 letters submitted in support of Mahdawi, Crawford said that "no one has ever provided anything like that before," adding, "These were quite striking in geographic and philosophical breadth, including many members of the Jewish community."
Mahdawi, who is 34 years old and has been a green-card holder for a decade, was arrested on April 14 by masked Immigration and Customs Enforcement (ICE) agents during an appointment for his citizenship test in Colchester, Vermont. He was steps away from naturalization; instead, federal agents attempted to force Mahdawi onto a plane bound for Louisiana, where other Palestine defenders are being held pending deportation proceedings.
Mahdawi's lawyers are seeking his immediate release.
"We ask this court to suspend this unlawful retaliation and slow the grave threat to free speech posed by his continued detainment by releasing Mr. Mahdawi on bail," his legal team said in a filing.
Luna Droubi, an attorney on the team, said after the hearing that "Mohsen Mahdawi sits in a jail cell because of his lawful speech."
"What the government provided thus far only establishes that the only basis they have to currently detaining him in the manner they did is his lawful speech," Droubi added. "We intend on being back in one week's time to free Mohsen."
"What the government provided thus far only establishes that the only basis they have to currently detaining him in the manner they did is his lawful speech."
Like the numerous other pro-Palestine activists arrested—critics say kidnapped—and detained by the Trump administration, the government concedes that Mahdawi committed no crime. However, under the Immigration and Nationality Act of 1952, the secretary of state can expel noncitizens whose presence in the United States is deemed detrimental to foreign policy interests.
The U.S. Department of Justice (DOJ) argued that Mahdawi should be deported because letting him remain in the country "would have serious adverse foreign policy consequences and would compromise a compelling U.S. foreign policy interest."
Trump administration officials including Secretary of State Marco Rubio have cited President Donald Trump's executive order ostensibly aimed at combating antisemitism and his edict authorizing the deportation of noncitizen students and others who took part in protests against Israel's genocidal assault on Gaza as justification for Mahdawi's arrest and detention.
However, Mahdawi has repeatedly condemned anti-Jewish hatred, including during a 2023 interview on CBS News' "60 Minutes" in which he asserted that "the fight for freedom of Palestine and the fight against antisemitism go hand in hand because injustice anywhere is a threat to justice everywhere."
VTDiggerreported that hundreds of people gathered outside the Burlington, Vermont courthouse Wednesday to show support for Mahdawi and demand his release. Nora Rubinstein of Middletown Springs, Vermont said she was rallying in defense of "democracy and freedom" and to help the U.S. "return to the democratic principles this country was founded on."
"It's time to end the shredding of our democracy, the shredding of our Constitution," Rubinstein added.
On Monday, Mahdawi told U.S. Sen. Peter Welch (D-Vt.), who visited him behind bars, that "I wanted to become a citizen of this country because I believe in the principles of this country."
"The most important rights [are in] the Bill of Rights, which includes free speech on the top of these rights, freedom of assembly, freedom of press, freedom of having religion or not having religion at all," he added.
As Welch visited Mahdawi, Columbia University students, faculty, and alumni once again chained themselves to a fence to protest his detention and demand the release of not only Mahdawi but also of fellow Columbia activists and permanent U.S. residents Mahmoud Khalil and Yunseo Chung, as well as other student Palestine defenders including Rümeysa Öztürk, Badar Khan Suri, and others.
On Tuesday, a delegation of Massachusetts Democrats—U.S. Sen. Ed Markey and Reps. Jim McGovern and Ayanna Pressley—visited Khalil and Öztürk at the Louisiana ICE detention facility where they are being held. Markey accused the Trump administration of jailing the activists in Louisiana in a bid to have "the single most conservative circuit court of appeals in the United States of America" hear the case.
Mahdawi's lawyers said they believe their client will soon be free.
"We are very hopeful that he will be released," attorney Cyrus Mehta told supporters and media gathered outside the Burlington courthouse on Wednesday. "The judge wants to move quickly, and he realizes that this is a case of great importance for this country."
"What we're seeing here is unprecedented where they are so hell-bent on detaining students," Mehta added. "These are not hardened criminals. These are people who have not been charged with any crime, they have also not been charged under any of the other deportation provisions of the immigration act."
One of the attorneys read the crowd a statement from Mahdawi in which he said that "this hearing is part of the system of democracy" that "prevents a tyrant from having unchecked power."
"I am in prison," he added, "but I am not imprisoned."
