Mohsen Madawi, organizer of the Columbia University pro-Palestinian movement, was released from federal custody on Wednesday after immigration officers attempted to withdraw their green cards.
In his ruling to release federal judge Jeffrey W. Crawford, Mahadawi, on Wednesday, he found that there was no risk to the public and that he was not a flight risk. The judge referred to the incidents of the 1950s and the ghost of McCarthyism, saying this was “not our most proud moment.”
Mahdawi's release is a Trump administration's defeat in widening crackdown on student protesters, while other students are being detained as part of the government's campaign. Secretary of State Marco Rubio argues that immigration authorities are entitled to emissions even for lawful residents of the country due to protests that say the government is harming the interests of American foreign policy.
Mahadawi had been in custody since April 14th, but he saw an immigration officer detaining him on his appointment in Vermont, and he thought it was a step towards becoming a US citizen. Judge Crawford ordered Madawi to be released from the detention facility where he was in custody in the state.
When he left the courthouse in Burlington, Virginia, he raised his hand to the sign of peace and approached the pack of television news cameras waiting for him.
“They arrested me. Why? I spoke up and I said no to war, so I'm in peace,” Mahadawi said. “I said, “As enough, enough is enough. It's enough to kill over 50,000 Palestinians.”
Mahdawi, a green card holder for the past decade, has not been charged with a crime. Rather, Rubio wrote in a memo justifying his arrest that his activities “may undermine the peace process in the Middle East by strengthening anti-Semitistic sentiment.”
Mahdawi's lawyers had requested a temporary restraining order to prevent federal officials from moving him into more conservative jurisdiction. This attempted to detain at least four university demonstrators, as well as deportation of at least four university demonstrators, fellow demonstrators and legal resident Mahmoud Khalil, who have been in Louisana detention facilities since last week.
Another Vermont federal judge, William K. Sessions III, quickly acknowledged the request, and ordered Mahdawi, who grew up in a Palestinian refugee camp on the West Bank, to be removed from the United States or to go out of Vermont. Judge Crawford then extended his decision to keep Mahdawi in the state until Wednesday's verdict.
Shortly after Mahdawi's release, his lawyer said he would be allowed to terminate the academic program in Colombia.
“Today's victory cannot be overstated. It's a victory for Mosen, who can walk freely from this court today,” said Sheza Abusi Dalal, a member of Madawi's legal team. “And it was also a victory for everyone else in the country, investing in the ability to oppose it. They want to be able to lend their voices and talk about why they want to do it without fear of being adducted by masked men.”
The Trump administration was attempting to deport Mahadawi using the same legal provisions it uses to lock up Mr. Halil, claiming that his existence poses a threat to US foreign policy and national security interests. Federal officials argued that pro-Palestinian demonstrators allowed the spread of anti-Semitism, but they have not provided evidence.
In April, a Louisiana immigration judge discovered that federal officials could deport Halil, and the Department of Homeland Security later denied him permission to attend the birth of his first child born at a New York hospital.
Over the past few weeks, Mahdawi has been worried about being arrested by immigration police after Halil was taken into custody in a campus housing in Columbia. He asked the university for help but did not receive it. Better, an extreme pro-Israel group, had warned on social media that he should be detained.
However, he decided to appear for an interview, which was said to be related to his naturalization, despite his fear that it was a trap. He warned Vermont senators and representatives in case things went wrong, and before his appointment he studied the constitution and prepared for the naturalization test.
Instead, some people covered their faces, but they arrested Mahdawi in handcuffs.
This is a developing story and will be updated.
Carolyn Shapiro Reports of contributions.
