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IMMIGRATION                                                               MAY 30, 2025     |  The Indian Eye 34





                      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
        O      n April 30, 2025,   his lawful speech that is dis-  peace process underway in   this before, especially during  that of the Palestinians, who
                                                              the Middle East by reinforc-
                                                                                          the Red Scare and Palmer  are fighting for their right to
                                   favored by the Trump admin-
               Judge
                         Geoffrey
                                                                                          Raids of 1919-1920 that led  life and justice, too.
                                   istration.  A determination  ing anti-Semitic sentiment in
                              the
                          of
               Crawford
        United Stated District Court   issued by Secretary of State  the regional [sic] and there-  to the deportation of hun-  The American govern-
                                   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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