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IMMIGRATION                                                               MAY 16, 2025     |  The Indian Eye 30





                      Federal Judge Releases





          Mohsen Mahdawi After Being






             Detained for  Lawful Speech






        BY CYRUS D. MEHTA AND          Mahdawi’s  arrest,  like  harassment  and  violence  in   stating their views on the po-  ercised the same free speech
                                   that  of  fellow  activist  Mah-  the United States” and “po-  litical issues of the day. Our  rights as I did yet languish in
        KAITLYN BOX*
                                   moud  Khalil,  was  based  on  tentially  undermine[s]  the   nation  has  seen  times  like  jail,  and  is  intertwined  with
                                   his lawful speech that is dis-  peace process underway in   this before, especially during  that of the Palestinians, who
               n  April  30,  2025,   favored by the Trump admin-  the Middle East by reinforc-  the  Red  Scare  and  Palmer  are fighting for their right to
               Judge     Geoffrey
        OCrawford         of  the  istration.    A  determination  ing anti-Semitic sentiment in   Raids of 1919-1920 that led  life and justice, too.
                                                                                                                        The  American  govern-
                                   issued by Secretary of State  the regional [sic] and there-
                                                                                          to the deportation of hun-
        United Stated District Court   Marco  Rubio  on  March  15,  by threating the U.S. foreign   dreds of people suspected  ment  accuses  me  of  under-
        for  the  District  of  Vermont   2025 alleges that Mahdawi’s  policy goal of peacefully re-  of  anarchist  or  communist  mining  U.S.  foreign  policy,
        ordered in Mahdawi v. Trump   involvement  in  pro-Pales-  solving the Gaza conflict.”  views”.              a  patently  absurd  pretext
        that our client, Mohsen    tinian  activism  “undermines   Mahdawi was arrested      Mahdawi  thanked  his  for deportation  for  political
        Mahdawi,  a  long-time  law-  U.S.  policy  to  combat  an-  on April 14, 2025 at the con-  supporter  and  gave  a  com-  speech  that  the  Trump  ad-
        ful  permanent  resident  and   ti-Semitism around the world  clusion of his naturalization   ment outside the courthouse  ministration  dislikes.  The
        Columbia  university  student   and in the United States, in  interview  at  a  USCIS  office   following his release, stating  government  is  scraping  the
        activist advocating for the hu-  addition to efforts to pro-  in  Vermont.  Following  his   “We are pro-peace and an-  bottom of the barrel in its at-
        man rights of Palestinians, be   tect  Jewish  students  from  arrest,  ICE  attempted  to   ti-war”. In a May 2, 2025 op  tempts to smear me. My only
        released from ICE detention.
                                                                 move  Mahdawi  to  Lou-  ed  in  the  New  York  Times,  “crime” is refusing to accept
                                                                  isiana, but before ICE   Mahdawi echoed these senti-  the slaughter of Palestinians,
                                                                  was  able  to  make  him   ments, stating:         opposing war and promoting
                                                                  board  a  flight  to  Lou-                         peace. I have simply insisted
                                                                  isiana,    Judge  William   Despite spending 16    that  international  law  must
                                                                  K.  Sessions  III  of  the                         be  respected.  I  believe  the
                                                                  United  Stated  District  nights  in  a  jail  cell,  I  way to a just and long-lasting
                                                                  Court for the District of   never lost hope in the   peace for Palestinians and
                                                                  Vermont granted a tem-                             Israelis is through diplomacy
                                                                  porary restraining order  inevitability of justice  and restorative justice.
                                                                  preventing  him  from   and the principles of           Although  Mahdawi’s
                                                                  being removed from the                             release is only the first step,
                                                                  state. This was based on  democracy. I wanted  his case sends an important
                                                                  a  habeas petition that   to become a citizen of   message  that  a  noncitizen
                                                                  was  quickly  filed  which                         cannot be detained solely
                                                                  asserts that Mahdawi’s  this country because I  due to his lawful speech that
                                                                  detention  violated  his   believe in the principles   the administration disfavors.
                                                                  constitutional   rights.                              His  release  under  the
                                                                  More background infor- that it enshrines. When  pending  habeas  petition  in
                                                                  mation about the case is   Judge Geoffrey W. Craw-  the federal court in Vermont
                                                                  available on the ACLU’s                            is quite separate from the re-
                                                                  website.                ford ruled in my favor,  moval case under which the
                     m of                                             Mahdawi’s release   he reassured me, along     Trump administration wants
          CYRUS D. MEHTA & PARTNERS PLLC                          comes as the first major                           to  deport  him  under  INA
                                                                  victory in the case. In his  with  the  American  peo-
                                                                                                                     237(a)(4)(C).  A  noncitizen
                                                                                             decision  ordering  Mah-  ple, that there is still   can  be  removed  under  this
          
                          
  	                            
             dawi’s  release,  Judge           provision if the Secretary of
                                                                  Crawford called the set- reason to hope in those  State  has  determined  that
             	                                 
                      
                                                   
             ­       ting of the case “extraor-              the noncitizen’s presence
                                                                  dinary”  and  noted  that                          or  activities,  even  if  lawful,
               €   
              ‚                                                     principles. But the road
                                                                  “Legal  residents  –  not  to justice is long.     would  potentially  have  se-
                                                                  charged  with  crimes  or                          rious adverse foreign policy
                                                                  misconduct  –  are  being   My  freedom  is  inter-  consequences.
          2              6th Floor                                arrested and threatened   twined  with  the  freedom  of   In his decision to release
                                                                  with deportation for    the  other  students,  who  ex-  the pending habeas petition,
           
     
        	
     
         
              

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