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U.S. judge orders release of Mohsen Mahdawi, Palestinian arrested at citizenship interview

A judge on Wednesday ordered the release of a Palestinian man who led protests against the war in Gaza as a student at Columbia University and was arrested by immigration officials during an interview about finalizing his U.S. citizenship.

Columbia University student, a permanent resident, led protests against war in Gaza

A dark haired bespectacled man with some stubble on his face holds a microphone while addressing a crowd outdoors.
Mohsen Mahdawi speaks outside the courthouse after a judge released the Palestinian student activist on Wednesday in Burlington, Vt. (Amanda Swinhart/The Associated Press)

A judge on Wednesday released a Palestinian man who led protests against the war in Gaza as a student at Columbia University and was arrested by immigration officials during an interview about finalizing his U.S. citizenship.

Mohsen Mahdawi led supporters in chants that included "No fear" and "Free Palestine," outside the court in Burlington, Vt. He said people must come together in defence of both democracy and humanity.

"Never give up on the idea that justice will prevail," he said. "We want to stand up for humanity, because the rest of the world — not only Palestine — is watching us. And what is going to happen in America is going to affect the rest of the world."

Mahdawi's notice to appear in immigration court said he is removable under the Immigration and Nationality Act because U.S. Secretary of State Marco Rubio determined his presence and activities "would have serious adverse foreign policy consequences and would compromise a compelling U.S. foreign policy interest."

His lawyers said Mahdawi — a legal permanent resident for 10 years — was detained in retaliation for his speech advocating for Palestinian human rights.

U.S. District Judge Geoffrey Crawford issued his ruling on Wednesday following a hearing on Mahdawi, who was arrested by Immigration and Customs Enforcement agents on April 14.

The government has argued his detention is a "constitutionally valid aspect of the deportation process" and that district courts are barred from hearing challenges to how and when such proceedings are begun.

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'He followed all of the rules'

A group of U.S. Congress members held a rally in Washington, D.C., on Tuesday night, pressing for Mahdawi's release.

"He followed all of the rules," said Vermont Sen. Bernie Sanders, an independent who caucuses with Democrats. "He followed the law. But instead of completing the process, Mohsen was illegally detained. Armed, masked individuals in plain clothes arrested him, forced him into a car and refused to provide any information as to where they were taking him or why."

According to a court filing, Mahdawi was born in a refugee camp in the Israeli-occupied West Bank and moved to the United States in 2014. He recently completed coursework at Columbia University in New York and was expected to graduate in May before beginning a master's degree program there in the fall.

As a student, Mahdawi was an outspoken critic of Israel's military campaign in Gaza and organized campus protests until March 2024.

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He helped found the Palestinian Student Union at Columbia along with Mahmoud Khalil, another Palestinian permanent resident and U.S. graduate student who was detained by immigration authorities and sent to a facility in Louisiana.

Mahdawi had been held in state, at the Northwest State Correctional Facility in St. Albans, Vt., in contrast to Khalil and Rumeysa Ozturk, a doctoral student from Boston-area Tufts University, who were each sent to federal detention facilities several states away from where they resided.

Legal objections to deportations are among the some 200 lawsuits the Trump administration has already spawned through 100 days of the presidency, with lawyers for the plaintiffs arguing their First Amendment rights of free speech and assembly were violated.

"This is the first order mandating the release of a student arrested by Trump in retaliation for their speech," the American Civil Liberties Union, advocating for Mahdawi, said in a social media post not long after his release.

With files from CBC News