Court Weighs ICE Detention of Students Over Gaza Op-Eds
On October 11, 2022, the U.S. Court of Appeals for the 2nd Circuit heard arguments in the case of Rumeysa Öztürk, a Tufts doctoral candidate, who was detained by ICE in March 2022 for writing a critical op-ed about Israel's military campaign in Gaza. The American Civil Liberties Union (ACLU) and the Center for Constitutional Rights (CCR) represented Öztürk and Mohsen Mahdawi, another student detained for opposing the war in Gaza.
Öztürk's detention, captured on video, showed her being stopped on a street and taken into custody while screaming. She spent six weeks in detention before being granted bail by a lower court. Öztürk's attorneys argued that the government's position would allow indefinite detention of noncitizens for their political viewpoints. The government, however, argued that Öztürk should have appealed an immigration judge's decision before seeking relief from a U.S. District Court judge.
Mohsen Mahdawi, a Columbia University student, was also detained by ICE in April 2022. He was released after a judge ordered his release. Mahdawi's attorneys argued that the FBI investigation from 2015, which the government used to claim he posed a potential threat to national security, was not pursued if the allegations were legitimate.
The 2nd Circuit's decision in Öztürk's case is awaited. The case raises concerns about the detention of noncitizens for their political views and the use of national security as a pretext for such detentions.
