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Although neither was accused of vandalism or violence, both Mahmoud Khalil and Rümeysa Öztürk were arrested by ICE and transported far from their homes to a detention center in Louisiana. Their green card and visa were revoked under a rarely-used statute that gives the Secretary of State broad authority to deport non-citizens for speech deemed “contrary” to U.S. foreign policy.
In Öztürk’s case, a year before ICE agents detained her, she had co-written an op-ed in a university publication criticizing the Tufts administration for dismissing student government resolutions which aimed to hold Israel accountable for alleged violations of international law in Gaza. After a federal district court ordered her release, the government appealed.
In Khalil’s case, the district court similarly ordered his release and found that the government’s justification likely violated due process rights when coupled with First Amendment protections. The judge warned that if such laws can be used against Khalil, “then other, similar statutes can also one day be made to apply. Not just in the removal context, as to foreign nationals. But also in the criminal context, as to everyone.” Separately, an Immigration Judge has ruled that Khalil could be deported on different grounds for allegedly failing to disclose affiliations with humanitarian organizations—a charge Khalil disputes and also characterizes as pretextual retaliation for his protected speech. The federal court noted that legal permanent residents are virtually never detained for such technicalities. Khalil, who is married to a U.S. citizen and father to a newborn, plans to amend his habeas petition to challenge this alternative charge.
Ronald G. London, Conor T. Fitzpatrick, Colin McDonell, and others at FIRE advanced the arguments in the Khalil and Öztürk amicus briefs.
The Rutherford Institute, a nonprofit civil liberties organization, defends individuals whose constitutional rights have been threatened or violated and educates the public on a wide spectrum of issues affecting their freedoms.
This press release is also available at www.rutherford.org.
Source: https://tinyurl.com/yyh49jj7
Case History
Khalil
March 20, 2025 • Deporting Non-Citizen Protesters Sets a Dangerous Precedent of Punishment and Retaliation for All Americans
June 17, 2025 • Trump Administration Accused of Using Deportation Powers to Punish Protesters, Chill Political Speech
June 25, 2025 • In a Legal Defeat for Government Efforts to Weaponize Immigration, Judge Orders Release of U.S. Protester Detained for Political Speech
Ozturk
May 01, 2025 • Civil Liberties Advocates Sound Alarm Over Arrest of PhD Student for Political Views
May 12, 2025 • Facing Court Losses Over Its Detention of Student Activists, Trump Administration Considers Suspending Habeas Corpus
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