Judge releases outspoken pro-Hamas student who is not US citizen

As a student, Mahdawi was an outspoken supporter of Hamas and organized campus rallies until March 2024.

By The Associated Press

A judge on Wednesday released a pro-Hamas supporter who led protests against Israel 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 Mahdawhi led supporters in chanting “The people united will never be defeated” “No fear” and “Free Palestine.” “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 says Mahdawi is 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 claim Mahdawi, a legal permanent resident for 10 years, was detained in retaliation for his speech advocating for “Palestinian rights.”

U.S. District Judge Geoffrey Crawford in Burlington, Vermont, 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.

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.

According to a court filing, Mahdawi was born in a refugee camp in Judea and Samaria and moved to the United States in 2014. He recently completed coursework at Columbia and was expected to graduate in May before beginning a master’s degree program there in the fall.

As a student, Mahdawi was an outspoken supporter of Hamas and organized campus rallies until March 2024.

He cofounded the Palestinian Student Union at Columbia with Mahmoud Khalil, another Palestinian permanent resident of the U.S. and graduate student who was detained by immigration authorities.