“I’m just an American who’s fed up with what’s going on,” she said. She understood the importance of this moment, and so did District Judge Christina Reiss. Why were we in this Vermont courtroom again? Yet another person detained in Boston by Immigration and Customs Enforcement (ICE) was whisked away and jailed in Vermont, where their attorney filed for habeas corpus, the process for challenging wrongful detention. Wednesday’s hearing was primarily on the question of whether bail would be granted.
At every stage, this case has been handled as if a neighbor who let his dog poop on someone’s lawn was put in jail for a month and charged with criminal trespassing and environmental endangerment.
Ten minutes before the hearing began, Petrova herself appeared on two big screens, a diminutive figure imprisoned in a small white room. Alone, not even an interpreter. Her dark brown hair and eyes stood out against her pale skin. She wore prison garb, an ill-fitting, short-sleeved khaki shirt with a white tee beneath it. Even so, she looked cold, holding herself.
By noon, the rule of law had won again in Vermont. Judge Reiss ruled that customs officers do not, in her words, have the power of the Secretary of State to revoke a visa on the spot. This was done to Petrova with no factual or legal basis. A customs violation is not a reason for being inadmissible to the United States. The judge brushed aside the government’s notion that there had been any undue delay in filing for habeas corpus. She ordered that Petrova be freed from ICE custody on bail, telling the government to propose release conditions by May 30. She did stop short of granting Petrova’s request that ICE be ordered not to rearrest her as soon as she is free, although her lawyer pointed out that there is strong reason to be apprehensive.
Kseniia Petrova did her boss a favor by agreeing to carry a package of frog embryos back from France for another lab leader. Perhaps she expected to be in the hands of a more rational system than she faced in Russia, which she fled after her arrest for opposing the war in Ukraine. Text exchanges after her plane landed in Boston show her light mood about the fertilized eggs: “I can’t swallow them!” she replied when asked what her plan was for getting the items through customs. But what should have been a light comedy of errors turned into a Chekovian plot with shocking escalations.
When a dog identified something unusual in Petrova’s suitcase, she was taken aside, and the scientific samples were revealed. The customs official said they had revoked her visa, meaning she was in the country illegally; she was told she could return to France and reapply to the U.S., or be sent to Russia. She chose France, an offer which was then revoked, and ICE locked her up in Vermont, then Louisiana. At every stage, this case has been handled as if a neighbor who let his dog poop on someone’s lawn was put in jail for a month and charged with criminal trespassing and environmental endangerment.
Just how serious was Petrova’s infraction? And is the person who committed it a danger to society? A flight risk?
In court Wednesday, the founder of the field of regenerative medicine, Dr. Michael West, testified that the samples were “inert, nontoxic, nonliving,” in no way a hazard. When he said they had no commercial value, Petrova visibly chuckled. He likened them to “shoe leather” as a source of potential biological hazards.
When asked about Petrova’s science, Dr. West said that she is doing excellent work in the “most valued and needed field in current medical research.”
“Would you hire her?” Dr. West was asked.
“In a heartbeat,” he replied. That got a big smile from Petrova—and a garbled objection from the government.
Prof. Marc Kirschner, Petrova’s ultimate boss, came personally to testify from the laboratory which bears his name at Harvard Medical School. He spoke of Petrova’s “significant impact” on his laboratory. Her absence is keenly felt. Her particular contribution was finding ways to quantify the “amazing pictures of tissues” from the lab’s newly invented microscope. Dr. Kirschner too was unable to imagine that she would be a danger to society. Petrova’s scientific peers also testified that she loves her job, and misses her work, her friends, and colleagues. Petrova wrote that the lab was a “paradise.” Is that the word of someone who wants to flee?
Would it have been better judgment for Petrova to submit paperwork for the preserved frog eggs? Of course. But has anyone who has ever crossed an international boundary not quietly carried at least one dubious item at some point? The government’s response to this minor offense has been Orwellian. Judge Reiss said, “The government is essentially saying, ‘We revoked your visa, now you have no documentation and now we’re going to place you in removal proceedings.’” Then the government detained her. When a bail hearing was scheduled that could result in Petrova’s release, the government only took two hours to trump up criminal charges against her. It was an obvious ploy to keep her in custody even if the judge released her.
Behavior which usually results in a small fine suddenly became criminal—subject to fines of up to $250,000 and up to 20 years in prison. Comparable cases involve boots made of endangered sea turtles or living birds smuggled in panty hose.
Do these twists and turns sound like the United States of America, or like Vladimir Putin’s Russia? At this point, Petrova will only go free if the Massachusetts Criminal Court also grants bail—and if ICE doesn’t snap her up again, or deport her to Russia. As Judge Reiss said, “Ms. Petrova’s life and well-being are in peril if she is deported to Russia,” and she is serving our national interests in research where answers are desperately needed.
So far, this drama has been something of a farce. Let’s not allow it to end in tragedy.
(Graphic by Reuters) 
