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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."
"This expansion is a disastrous waste of billions of taxpayer dollars that will only line the coffers of the private prison industry," said one ACLU attorney.
The ACLU on Friday revealed new details about the Trump administration's plans to expand Immigration and Customs Enforcement detention centers in 10 states across the nation, with private prison corporations—whose share prices soared after the election of President Donald Trump—seeking to run at least a half dozen proposed ICE facilities.
The documents, obtained via a Freedom of Information Act request, "signal a massive expansion of ICE detention capacity—including at facilities notorious for misconduct and abuse—which echo reports earlier this week that the Trump administration has sought proposals for up to $45 billion to expand immigrant detention," ACLU said.
"The discovery also comes on the heels of a 'strategic sourcing vehicle' released by ICE earlier this month, which called for government contractors to submit proposals for immigration detention and related services," the group added.
The more than 250 pages of documents obtained by the ACLU "include information regarding facility capacity, history of facility use, available local transport, proximity to local hospitals, immigration courts, and transport, as well as access to local consulates and pro bono legal services."
"Specifically, the documents reveal that Geo Group, Inc. (GEO) and CoreCivic submitted proposals for a variety of facilities not currently in use by ICE," ACLU said.
These include:
GEO, CoreCivic, and Management Training Corporation (MTC) "also sought to renew contracts at current ICE detention facilities" in California, Nevada, New Mexico, Texas, and Washington, according to the files.
"The documents received provide important details regarding what we have long feared—a massive expansion of ICE detention facilities nationwide in an effort to further the Trump administration's dystopian plans to deport our immigrant neighbors and loved ones," said Eunice Cho, senior staff attorney at the ACLU's National Prison Project.
"This expansion is a disastrous waste of billions of taxpayer dollars that will only line the coffers of the private prison industry," Cho added.
Indeed, GEO shares have nearly doubled in value since Trump's election, while CoreCivic stock is up 57% over the same period.
Unlike state prisons or country and local jails, which are accountable to oversight agencies, privately operated ICE detention centers are not subject to state regulation or inspection. And although Department of Homeland Security detainees are not convicted criminals and ICE detention centers are not technically prisons, the facilities are plagued by a history of abuse, often sexual in nature, and sometimes deadly.
During Trump's first term, groups including the ACLU sounded the alarm on the record number of detainee deaths in ICE custody, and scandals—including the separation of children from their parents or guardians and forced sterilization of numerous women at an ICE facility in Georgia—sparked widespread outrage and calls for reform from immigrant rights defenders.
However, abuses continued into the administration of former President Joe Biden, including "medical neglect, preventable deaths, punitive use of solitary confinement, lack of due process, obstructed access to legal counsel, and discriminatory and racist treatment," according to a 2024 report published by the National Immigrant Justice Center. Biden also broke a campaign promise to stop holding federal prisoners and immigration detainees in private prisons.
Since Trump took office in January after being elected on a promise to carry out the largest deportation campaign in U.S. history, fresh reports of ICE detainee abuse and poor detention conditions have been reported. These include
alleged denial of medical care, insufficient access to feminine hygiene products, and rotten food at the South Louisiana ICE Processing Center in Basile, Louisiana, where Tufts University Ph.D. student and Palestine defender Rümeysa Öztürk is being held without charge.
"The arrest and detention of Mahmoud Khalil—a green card holder whose wife is eight months pregnant—is a blatant assault on the First Amendment and a sign of advancing authoritarianism under Trump," said one critic.
Federal agents on Saturday arrested a prominent Palestinian activist and permanent U.S. resident who says the arresting officers told him his green card had been revoked.
Mahmoud Khalil and his wife, who is eight months pregnant, were returning home at around 8:30 pm Saturday when plainclothes Department of Homeland Security (DHS) agents "pushed in behind them," advocates for Khalil
toldZeteo's Prem Thakker. Khalil's attorney, Amy Greer, said that Immigration and Customs Enforcement (ICE) agents also threatened to arrest his wife.
Last week, the U.S. State Department announced the launch of an artificial intelligence-powered "catch and revoke" program to cancel the visas of international students deemed supportive of Hamas. This, after President Donald Trump signed an executive order in January authorizing the deportation of noncitizen students and others who took part in protests against Israel's assault on Gaza.
"Clearly Trump is using the protesters as a scapegoat for his wider agenda fighting and attacking higher education and the Ivy League education system," Khalil toldReuters Saturday before his arrest.
Thakker reported:
The agents claimed that the State Department had revoked Khalil's student visa, with one agent presenting what he claimed was a warrant on his cell phone. But Khalil, according to advocates, has a green card. Khalil's wife went to their apartment to get the green card.
"He has a green card," an agent apparently said on the phone, confused by the matter. But then after a moment, the agent claimed that the State Department had "revoked that too."
Experts said that revoking a green card is very rare and typically only occurs when a permanent resident has committed a serious crime, engages in immigration fraud, or clearly demonstrates intent to abandon their status.
"This has the appearance of a retaliatory action against someone who expressed an opinion the Trump administration didn't like," Camille Mackler, founder of Immigrant ARC, a coalition of New York legal service providers, toldHuffpost.
Khalil graduated in December with a master's degree from Columbia's School of International and Public Affairs. He was also a lead negotiator for Columbia University Apartheid Divest during the April 2024 Gaza Solidarity Encampment, which drew international attention as Israeli forces killed tens of thousands of Palestinians and annihilated much of their homeland. Khalil was briefly suspended last spring for his protest activities.
Elora Mukherjee, director of the immigrants' rights clinic at Columbia Law School, toldThe New York Times that if the Trump administration revoked Khalil's green card "in retaliation for his public speech, that is prohibited by the First Amendment of the U.S. Constitution."
DHS spokesperson Tricia McLaughlin said late Sunday that Khalil was arrested "in support of President Trump's executive orders prohibiting antisemitism."
"Khalil led activities aligned to Hamas, a designated terrorist organization," McLaughlin added. "ICE and the Department of State are committed to enforcing President Trump's executive orders and to protecting U.S. national security."
However, Greer said that "we will vigorously be pursuing Mahmoud's rights in court, and will continue our efforts to right this terrible and inexcusable—and calculated—wrong committed against him."
Murad Awawdeh, the president of the New York Immigration Coalition, said in a statement that "this blatantly unconstitutional act sends a deplorable message that freedom of speech is no longer protected in America."
The Student Workers of Columbia-United Auto Workers, which represents more than 3,000 graduate and undergraduate student workers, urged Columbia staff and students to oppose the school's "cooperation with the Trump administration."
“By allowing ICE on campus, Columbia is surrendering to the Trump administration's assault on universities across the country and sacrificing international students to protect its finances," the union said in a statement.
Last week, the Trump administration canceled $400 million in grants and contracts to Columbia, claiming the school—which cracked down hard on Gaza protesters—hasn't done enough to combat antisemitism.
The Writers Against the War on Gaza (WAWOG) coalition noted that "Columbia University has published guidance on how best to collaborate with federal enforcement, including advising faculty and staff 'not to interfere' with ICE agents even if those agents are unable to present a warrant."
"Columbia's continued acquiescence to federal agencies and outside partisan institutions has made this situation possible."
"Columbia's continued acquiescence to federal agencies and outside partisan institutions has made this situation possible," WAWOG argued.
"A Palestinian student and member of the community has been abducted and detained without the physical demonstration of a warrant or officially filed charges," the coalition continued. "Like many other Arab and Muslim students, Khalil has been the target of various Zionist harassment campaigns, fueled by doxxing websites like Canary Mission."
"This racist targeting serves to instill fear in pro-Palestine activists as well as a warning to others," WAWOG added.