Appeals court overturns release order for foreign student arrested in Vermont

A federal appeals court on Tuesday ruled a judge erred in ordering the release of Mohsen Mahdawi, whose arrest at his naturalization interview became a flash point in the Trump administration’s crackdown on foreign students.

Last year, the district judge found the administration was likely targeting Mahdawi, a Palestinian green card holder and Columbia University student, for his protected speech about the Israel-Hamas war.

In its Tuesday decision, the U.S. Court of Appeals for the 2nd Circuit ruled that federal law barred the courts from getting involved so soon. 

“We conclude that the district court should not have reached this question,” U.S. Circuit Judge Debra Ann Livingston wrote for the panel.  

It’s a major win for the administration, which has targeted foreign students who’ve criticized Israel and fought back against legal challenges in part by arguing that judges have limited jurisdiction to second-guess the crackdown.

Mahdawi isn’t without options, however. The appeals panel made clear he can seek review once the immigration system issues him a final order of removal. 

That has already occurred. With his removal order to Jordan in hand, Mahdawi is now taking his case to the U.S. Court of Appeals for the 1st Circuit. His appeal remains pending. 

But Mahdawi’s lawyers at the American Civil Liberties Union warned that without review in the meantime, he won’t have any remedy to stop the government from detaining him. 

“Today’s decision is a grave setback, although I am confident justice will ultimately prevail,” Mahdawi said in a statement. “It reflects a dangerous failure under political pressure, one that risks turning the federal courts into instruments of politics rather than guardians of constitutional freedom.”

Mahdawi’s April 2025 arrest in Vermont went viral, becoming a national flash point in the administration’s immigration crackdown. Mahdawi thought he was at his naturalization interview to become a citizen when plainclothes officers put handcuffs on him. 

He is among the foreign students who Secretary of State Marco Rubio determined “would have potentially serious adverse foreign policy consequences for the United States,” a designation that makes them removable. 

“The 2nd Circuit’s decision to vacate an activist judge’s order to release a terrorist sympathizer is a win for public safety and the rule of law,” a Department of Homeland Security spokesperson said in a statement.

“It is a privilege to be granted a visa or green card to live and study in the United States of America,” they continued. “When you advocate for violence, glorify and support terrorists that relish the killing of Americans, and harass Jews, that privilege should be revoked, and you should not be in this country.”

Livingston, appointed to the 2nd Circuit by former President George W. Bush, was joined on Tuesday’s panel by U.S. Circuit Judges William Nardini and Steven Menashi. Trump nominated both.

Their ruling on Mahdawi’s case follows a similar ruling in January from the U.S. Court of Appeals for the 3rd Circuit concerning Mahmoud Khalil, another Palestinian student at Columbia University who has fought against the designation.

In seeking to deport Mahdawi, the Justice Department has also emphasized two alleged incidents since he entered the country. 

The Trump administration says a gun shop owner told police in 2015 that Mahdawi visited the store and said he used to build guns “to kill Jews while he was in Palestine.” Mahdawi acknowledges visiting the store but denies any such discussion. 

The administration also alleges Mahdawi was stopped by border officials in 2019 and found in possession of LSD, methamphetamine and mushrooms. The record was expunged after he completed a diversion program, and Mahdawi denies possessing illegal drugs.

Updated at 1:58 p.m. EDT

For the latest news, weather, sports, and streaming video, head to The Hill.