Judge releases Palestinian student activist who was arrested at his U.S. citizenship interview

BURLINGTON, Vt. — A judge on Wednesday released a Palestinian man who led protests against the war in Gaza as a student at Columbia University and was arrested by immigration officials during an interview about finalizing his U.S. citizenship.

Outside the courthouse in Vermont, Mohsen Mahdawi led supporters in chanting “The people united will never be defeated,” “No fear” and “Free Palestine.” He said people must come together in the defense of both democracy and humanity.

“Never give up on the idea that justice will prevail,” he said. “We want to stand up for humanity, because the rest of the world — not only Palestine — is watching us. And what is going to happen in America is going to affect the rest of the world.”

His notice to appear in immigration court said Mahdawi was removable under the Immigration and Nationality Act because U.S. Secretary of State Marco Rubio determined his presence and activities “would have serious adverse foreign policy consequences and would compromise a compelling U.S. foreign policy interest.”

His lawyers say Mahdawi — legal permanent resident for 10 years — was detained in retaliation for his speech advocating for Palestinian human rights. The attorneys say the government can appeal his release, but the judge has allowed him to leave his home state of Vermont and attend graduation next month. He recently completed coursework at Columbia and was expected to begin a master’s degree program there in the fall.

U.S. District Judge Geoffrey Crawford in Burlington, Vt., issued his ruling Wednesday following a hearing on Mahdawi, who was arrested by Immigration and Customs Enforcement agents on April 14. He has been held at the Northwest State Correctional Facility in St. Albans, Vt.

“Even if he were a firebrand, his conduct is protected by the First Amendment,” the judge wrote, adding that offending political opponents or alarming the State Department doesn’t make him dangerous enough to justify detention.

The government argues his detention is a “constitutionally valid aspect of the deportation process” and that district courts are barred from hearing challenges to how and when such proceedings are begun.

“District courts play no role in that process. Consequently, this Court lacks jurisdiction over Petitioner’s claims, which are all, at bottom, challenges to removal proceedings,” Michael Drescher, Vermont’s acting U.S. attorney, wrote. His office did not immediately respond to a request for comment.

A lawyer for the government on Wednesday also said a 2015 FBI investigation shows Mahdawi is a national security threat, but Crawford said the case had been closed and the accusations appeared to be fabricated.

Mahdawi will appear remotely before an immigration judge in Louisiana on Thursday, his attorneys said. The U.S. attorney’s office did not respond to messages seeking comment on whether it will appeal his release.

According to a court filing, Mahdawi was born in a refugee camp in the Israeli-occupied West Bank and moved to the United States in 2014.

As a student at Columbia, Mahdawi was an outspoken critic of Israel’s war in Gaza and organized campus protests until March 2024. He co-founded the Palestinian Student Union at Columbia with graduate student Mahmoud Khalil, another Palestinian permanent resident of the U.S., who was detained by immigration authorities.

An immigration judge in Louisiana ruled that the government’s assertion that Khalil’s presence in the U.S. posed “potentially serious foreign policy consequences” satisfied the requirements for deportation.

Speaking to supporters, Mahdawi directly addressed President Trump and his Cabinet, saying, “I am not afraid of you.”

“If there is no fear, what is it replaced with?” he said. “Love. Love is our way.”

Swinhart and Ramer write for the Associated Press.