Mohsen Mahdawi Challenges His Unlawful Detention by ICE
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."