SerpApi.Org
Ruling opens door for detention while separate appeal is pending
A pro-Palestinian activist who has spent 17 years and counting in college can be detained pending removal proceedings, an appeals court ruled.
The Second Circuit Court of Appeals reversed a decision by a district court in Vermont that ruled Mohsen Madawi must be released from ICE custody. Judges ruled Tuesday that the district court did not have subject-matter jurisdiction.
Madawi is currently a graduate student at Columbia University and has participated in anti-Israel protests. He is a lawful permanent resident who has an undergraduate degree from Birzeit University. After coming to the United States, he spent two years at Lehigh University studying computer science, followed by a transfer to Columbia University to study philosophy.
He is set to finish a master’s degree in international affairs by 2027, The College Fix previously reported.
The Trump administration wants to remove Madawi because his “presence or activities in the United States would have potentially serious adverse foreign policy consequences for the United States.”
Supporters, including the American Civil Liberties Union, argue he is being targeted for expressing his First Amendment rights.
Madawi still has a separate case pending, according to The Hill.
The news outlet reported:
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.
Mahdawi criticized the ruling: “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.”
The Department of Homeland Security praised the decision.
“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,” the DHS told The Hill.
“It is a privilege to be granted a visa or green card to live and study in the United States of America,” the statement read. “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.”
