Ideological Exclusion Again?

NEWARK, NJ – In filings in the case of Mahmoud Khalil submitted to immigration court yesterday and federal court today, the Trump administration admitted he was taken without any kind of warrant and made new, false claims that Mr. Khalil had refused to cooperate with ICE agents and told them he was going to leave the scene to justify the agents’ actions. The government’s new version of events is contradicted by previous descriptions and video taken by his wife, Dr. Noor Abdalla, who was eight months pregnant at the time. Said Marc Van Der Hout of Van Der Hout, LLP, who is representing Mr. Khalil along with his partner Johnny Sinodis, “In DHS' filing in immigration court this week, we learned for the first time that the DHS agents who arrested Mahmoud lied to him: they wrote in their arrest report that the agents told him that they had an arrest warrant, but DHS has now admitted in their filing that that was a lie and that there was no warrant at all at the time of the arrest. The government's admission is astounding, and it is completely outrageous that they tried to assert to the immigration judge – and the world – in their initial filing of the arrest report that there was an arrest warrant when there was none. This is egregious conduct by DHS that should require under the law termination of these proceedings, and we hope that the immigration court will so rule.” The filings were made in response to an April 23rd deadline set by the judge in Mr. Khalil’s immigration case in Jena, Louisiana. The judge in his federal case in New Jersey asked for copies of the filings to be submitted to him today. Mr. Khalil also submitted an application for asylum that is sealed due to the sensitive nature of the information that could affect his safety in the future. In the federal court, Mr. Khalil’s legal team is continuing to seek bail, an order compelling the government to return him to New Jersey, and a preliminary injunction (PI) that would immediately release him from custody and allow him to reunite with his family in New York while his immigration case proceeds. If granted, the PI would also block President Trump’s policy of arresting and detaining noncitizens who have engaged in First Amendment protected activity in support of Palestinian rights. On March 8, the Trump administration and Department of Homeland Security (DHS) illegally arrested and detained Mr. Khalil in direct retaliation for his advocacy for Palestinian rights at Columbia University. Shortly after, DHS transferred him 1,400 miles away to a Louisiana detention facility — ripping him away from his wife and legal counsel. His legal team is arguing that his arrest and continued detention violate his constitutional rights, including rights to free speech and due process, and that they go beyond the government’s legal authority. ICE denied Mr. Khalil’s request to be at his wife’s side as she went into labor this past weekend, causing him to miss the birth of their son on Monday, April 21. Mr. Khalil is represented by Dratel & Lewis, the Center for Constitutional Rights, CLEAR, Van Der Hout LLP, Washington Square Legal Services, the New York Civil Liberties Union (NYCLU), the American Civil Liberties Union (ACLU), and the ACLU of New Jersey. The following are quotes from the rest of Mr. Khalil’s legal team: Ramzi Kassem, co-Director of CLEAR: “The government now finally admits what the whole world already saw and knows: that ICE had no warrant to apprehend Mahmoud Khalil. No one should take seriously the government's patent lie, which it offers for the first time many weeks after the fact, that somehow Mahmoud was anything other than compliant when ICE agents unlawfully abducted him under cover of darkness.” Samah Sisay, staff attorney at the Center for Constitutional Rights: “ICE has admitted it detained Mahmoud illegally and without a warrant– to justify it, they are now flat out lying with an absurd claim that he tried to flee. At every step of the way, the Trump administration has flouted the law.” Veronica Salama, staff attorney at the NYCLU: “The Trump administration's latest motion shows that they are steadfast in smearing Mahmound Khalil to justify his horrific and unconstitutional abduction. We have the receipts: Mr. Khalil was taken from his family with no warrant and in clear retaliation for his protected speech. We will continue to fight for Mr. Khalil's freedom, and defend the right to speak freely about Palestinian rights without fear of detention and deportation.” Sidra Mahfooz, staff attorney with the ACLU’s Immigrants’ Rights Project: “We now know why ICE could not show Mahmoud the warrant he repeatedly requested upon his arrest. They did not obtain a warrant. In its efforts to unlawfully arrest, detain, and target Mahmoud and others for exercising their First Amendment rights, this administration has shown an utter disregard for the most basic principles of legal authority. The fight to free Mahmoud is also a fight to preserve the constitutional liberties that protect us all.” Amy Greer, associate attorney at Dratel & Lewis: “That night, I was on the phone with Mahmoud, Noor, and even the arresting agent. In the face of multiple agents in plain clothes who clearly intended to abduct him, and despite the fact that those agents repeatedly failed to show us a warrant, Mahmoud remained calm and complied with their orders. Today we now know why they never showed Mahmoud that warrant - they didn’t have one. This is clearly yet another desperate attempt by the Trump administration to justify its unlawful arrest and detention of human rights defender Mahmoud Khalil, who is now, by the government’s own tacit admission, a political prisoner of the United States. Our team, and indeed everyone in this nation, should be fighting for Mahmoud’s freedom, and defending our collective rights to advocate for Palestinian human rights, and express opinions generally that do not conform with government policy.” Amol Sinha, executive director of the ACLU-NJ: “This latest motion from the government further shows it is determined to persecute Mahmoud Khalil by any means necessary. We know the truth: Mr. Khalil remains unlawfully detained in direct retaliation for his advocacy in support of Palestinian rights. We will continue to defend Mr. Khalil’s freedom in the face of these baseless attacks, and we are confident he will ultimately prevail.”

BURLINGTON, Vt. – In federal court today, Judge Geoffrey W. Crawford heard arguments from the legal team representing Mohsen Mahdawi, a Columbia University student and Vermont resident who was arrested at his naturalization interview in retaliation for his advocacy for Palestinian rights. Arguments centered on whether or not the court has jurisdiction over Mr. Mahdawi’s habeas petition filed on April 14. Judge Crawford requested supplemental briefings on the merits of the habeas petition and release on bail early next week. Oral arguments are scheduled for Wednesday, April 30 at 9 a.m. ET. “I don’t want people to lose hope,” said Mohsen Mahdawi. “Stay positive and believe in the inevitability of justice. This hearing is part of the system of democracy; it prevents a tyrant from having unchecked power. I am in prison, but I am not imprisoned. A system of democracy guarantees freedom of speech, speaking of Palestine does not only qualify as freedom of speech, but it is also about our humanity. Keep the hope alive; I will see you under the sun.” Mr. Mahdawi is a lawful permanent resident of the United States who has lived in Vermont for 10 years and is set to graduate from Columbia University in May. ICE detained him after his long-awaited naturalization interview on April 14. After apprehending him, ICE attempted to put him on a plane to Louisiana, but a temporary restraining order issued by Judge William K. Sessions III compelled the government to keep Mr. Mahdawi in Vermont. Today, Judge Crawford extended that restraining order by 90 days. Mr. Mahdawi’s habeas petition argues that his detention violates his constitutional rights, including free speech and due process, and goes beyond the government’s legal authority. Copies of the legal documents filed in this case are available here. Mr. Mahdawi is represented by Cyrus Mehta and David Isaacson of Cyrus D. Mehta Partners, PLLC; Luna Droubi of Beldock Levine & Hoffman LLP; Andrew Delaney of Martin Delaney & Ricci Law Group; CLEAR; the American Civil Liberties Union; and the ACLU of Vermont. The following are quotes from Mr. Mahdawi’s legal team: “What you are seeing with Mohsen and all of the other students who have been taken because of their advocacy of Palestinian rights is unprecedented,” said Cyrus Mehta of Cyrus D. Mehta Partners, PLLC. “The Trump Administration is hellbent on detaining these students and treating them like criminals simply for exercising their First Amendment right to freedom of speech. We will continue to fight for Mohsen to be rightfully returned to his community in Vermont.” “Today, we once again saw that the government has no basis, whatsoever, for Mohsen Mahdawi’s detention other than their own admission that they detained Mohsen on the basis of his speech,” said Luna Droubi of Beldock Levine & Hoffman LLP. “Their claims and actions are baseless, without evidence, and are a disgrace to the US constitution. We plan to return to Vermont next week to argue in court and free Mohsen.” “Mohsen was taking steps to become a citizen when he was detained in retaliation for his political speech,” said Nathan Freed Wessler, deputy director of the ACLU’s Speech, Privacy, and Technology Project. “The growing list of people who have been punished for their beliefs should frighten everyone in the country, citizen or not, and we are pleased that the court recognized the urgency of this case and scheduled a merits hearing in a week. We will work hard to ensure Mohsen is released and that nobody else has to fear detention for exercising their rights under the First Amendment.” “Mohsen is a valued member of his community here in Vermont. His friends and neighbors—and people across the country—are right to be deeply concerned by the government’s retaliation against his constitutionally protected speech” said Hillary Rich, senior staff attorney at the ACLU of Vermont. “Mohsen has committed no crime, and the government’s only supposed justification for holding him in prison is the content of his speech. We are proud to join his legal team and will not stop fighting for Mohsen’s freedom.” “The government continues to engage in the same delay tactics it has in other matters,” said Naz Ahmad, co-director of CLEAR at the City University of New York. “Mohsen should not spend a single second longer in detention when it is obvious that he is being targeted for his speech supportive of Palestinians. The court rightly recognizes the need for urgency."

BURLINGTON, Vt. – The U.S. District Court for the District of Vermont ruled that Rümeysa Öztürk’s challenge to her unconstitutional detention by Immigration and Customs Enforcement (ICE) should continue in Vermont and that the government should transfer her back to a facility in Vermont no later than May 1. The court stayed its order for four days to allow either party to appeal. The court also set a bail hearing for May 9 and a hearing on the merits of the habeas petition on May 22. Rümeysa is a former Fulbright scholar and current Ph.D. student at Tufts University. She was taken by plainclothes ICE agents in Somerville, Massachusetts on March 25. For nearly 24 hours, Ms. Öztürk’s attorney was unable to locate her as ICE quickly and quietly moved her to three separate locations in three different states — including Vermont — before shipping her to Louisiana. She has not been charged with any crimes. Since she’s been in ICE custody in Louisiana, Ms. Öztürk has suffered multiple asthma attacks and has yet to receive the proper medication. Ms. Öztürk’s legal team had argued that allowing this case to play out in Louisiana — thousands of miles away from her home in Massachusetts — would reward the Trump administration’s unlawful attempt to suppress dissent and manipulate federal court jurisdiction. According to the new order from the federal court, “The government thus admits that from the time ICE agents arrested Ms. Öztürk to the time she arrived at the Louisiana detention facility, it was keeping her location a secret.” Her lawyers also argued that she should be released immediately as she has not been charged with any crime. According to the “evidence” the government submitted, the only basis for her unlawful imprisonment was an op-ed she co-wrote with three other people in The Tufts Daily. Since the government took Ms. Öztürk, her community at Tufts and around the country have rallied around her. Over 20 friends, colleagues, and professors, including the president of Tufts University, have sent letters of support to the court detailing Ms. Öztürk’s dedication to her work and her community and asking for her release. On April 10, for the first time in years, the Tufts Democrats and Tufts Republicans drafted and signed a joint statement condemning the Trump administration’s arrest and detention of Rümeysa Öztürk, as well as the government's broader attack on international students and the right to free speech. A coalition of Jewish organizations including J Street, Bend the Arc, JALSA, and Temple Emanu-El, has also come to Ms. Öztürk’s defense, submitting a proposed amicus brief to the court. Ms. Öztürk is represented in immigration court by Mahsa Khanbabai and Marty Rosenbluth, and in federal court by Mahsa Khanbabai, the American Civil Liberties Union, ACLU of Massachusetts, ACLU of Vermont, CLEAR, and Emery Celli Brinckerhoff Abady Ward & Maazel LLP. The following are quotes from Ms. Öztürk’s legal team: Noor Zafar, staff attorney with ACLU’s Immigrants’ Rights Project: “It is the fundamental job of the judiciary to stand up to this kind of government manipulation of our basic rights. We hope the court’s definitive 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 and making it difficult or impossible for their lawyers to know where to seek their immediate release.” Mahsa Khanbabai of Khanbabai Immigration Law: “I am pleased that the federal court has ruled to bring Rümeysa home to New England and look forward to her bail hearing so she can be set free. A university op-ed advocating for human rights and freedom for the Palestinian people should not lead to imprisonment. Our immigration laws should not be manipulated to rip people away from their homes and their loved ones. This country is built on checks and balances, and I am confident that the courts will uphold our most basic and fundamental rights.” Lia Ernst, legal director, ACLU of Vermont: “We are grateful to Judge Sessions for understanding the urgency of Rümeysa’s circumstances and not only confirming that Vermont is the right venue to hear her case, but also ordering the government to transfer her to Vermont. Today’s ruling rightfully affirms that the government cannot undermine the justice system and attempt to manipulate a case’s jurisdiction by secretly transporting and imprisoning someone over a thousand miles from home.” Jessie Rossman, legal director, ACLU of Massachusetts: “With this ruling, a federal court has rightfully reaffirmed that Rümeysa Öztürk’s case belongs in Vermont — significantly closer to her friends, community, and counsel. At the same time, the judge sent a clear message that any attempt to manipulate the judiciary is simply wrong. Judge Sessions held that the government’s removal of Rümeysa from Vermont to Louisiana violated the spirit of the emergency order from the federal court in Massachusetts. This is a crucial step for upholding the rule of law in our country.”a Ramzi Kassem, co-director & founder, CLEAR: “The court today saw through this government's dilatory tactics and its attempts at jurisdictional manipulation in a reprehensible effort to punish Rümeysa for speaking out for Palestinian human rights. By ordering Rümeysa returned to the District of Vermont, the Court vindicates not only her rights, but strikes a salutary note for our Constitution and everyone's right to speak up about the same issue. We look forward to the next steps, and will continue to push until Rümeysa is free.” Matthew Brinckerhoff, Emery Celli Brinckerhoff Abady Ward & Maazel LLP: “Ms. Öztürk is being punished for exercising the most quintessentially American right to speak out on issues of public concern in, of all places, a student newspaper. The First Amendment protects all persons on American soil. She should not have been detained for 24 seconds, much less the 24 days and counting she has endured.”

NEW YORK – The American Civil Liberties Union this week shared an open letter to general counsels at colleges and universities across the nation outlining their responsibilities and rights when dealing with Immigration and Customs Enforcement (ICE) investigations and enforcement actions. Amid the growing retaliatory crackdown against noncitizen students for their First Amendment-protected speech and advocacy, the open letter explains that colleges and universities are not violating the law by providing housing or services to noncitizen students, including students whose visas have been revoked by the government. It further advises institutions that they are legally able to refuse to comply with warrantless searches of non-public areas, like dorm rooms, by ICE agents. The letter also outlines a legal framework for responding to administrative subpoenas from ICE. In consultation with legal counsel, universities generally maintain the right to not respond to administrative subpoenas unless and until ICE obtains an enforcement order from a judge. Universities also have the right to publicize the subpoenas or alert students if their information has been targeted by an ICE subpoena. “Universities must do everything they can to protect their students from intimidation or targeting by ICE, and they have the legal right to do so,” said Nathan Freed Wessler, deputy director of the ACLU’s Speech, Privacy, and Technology Project. “We reject the federal government’s extreme claim that housing and educating noncitizen students can violate the law. We hope this letter will empower institutions to stand firm in the face of radical bullying tactics.” The letter can be read in full here.