A federal judge in Virginia has ordered the release of a Georgetown University postdoctoral fellow from India, dealing another setback to the Trump administration's campaign to deport foreign students over their pro-Palestinian activism. Badar Khan Suri was detained by immigration authorities before the judge intervened, requiring his release pending a court ruling on the government's authority.
The decision follows similar releases of Tufts University student Rümeysa Öztürk and Columbia University student Mohsen Mahdawi, a Palestinian permanent resident. All three were arrested under an obscure immigration provision allowing the secretary of state to deport noncitizens deemed harmful to US foreign policy. The administration has faced widespread criticism for targeting political speech.
Only Mahmoud Khalil, a Columbia University graduate and permanent resident of Palestinian descent, remains in detention more than two months after his arrest. A separate case involving student Yunseo Chung led her to go into hiding and sue the administration in March. Advocates fear the crackdown has chilled campus activism as Israel's war in Gaza continues.
Civil liberties groups representing the students argue the constitution protects noncitizens from detention based on their views. “These decisions reflect a simple truth – the constitution forbids the government from locking up anyone, including noncitizens, just because it doesn’t like what they have to say,” said Brian Hauss of the American Civil Liberties Union. The group is part of a coalition fighting the deportations.
Despite the string of legal wins, the fundamental question remains unresolved: whether the government can deport noncitizens for political speech under the foreign policy provision. The cases are expected to reach the US Supreme Court. In recent hearings, government lawyers declined to take a position on whether the students’ speech is protected by the First Amendment, with one attorney stating, “We have not taken a position on that.”
