Lawyers say immigration judge found that the Department of Homeland Security failed to prove the Tufts student should be removed from the US.
A judge in the United States has blocked the deportation of Rumeysa Ozturk, a Turkish Tufts University student who was arrested last year as part of a crackdown on pro-Palestinian activists, according to her lawyers.
Ozturk’s lawyers detailed the decision in a letter filed at the 2nd US Circuit Court of Appeals on Monday.
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list of 4 itemsend of listThey said the immigration judge concluded on January 29 that the US Department of Homeland Security had not met its burden of proving she was removable and terminated the proceedings against her.
Ozturk, a PhD student studying children’s relationship to social media, was arrested last March while walking down a street as the administration of US President Donald Trump began targeting foreign-born students and activists involved in pro-Palestinian advocacy.
Video showed masked agents handcuffing her and putting her into an unmarked vehicle.
The sole basis authorities provided for revoking her visa was an editorial she co-authored in Tufts’ student newspaper a year earlier, criticising her university’s response to Israel’s genocidal war on Gaza.
A petition to release her was first filed in federal court in Boston, where Tufts is located, and then moved to the city of Burlington in Vermont. In May of last year, a federal judge ordered her immediate release after finding she raised a substantial claim that her detention constituted unlawful retaliation in violation of her free speech rights.
Ozturk, who spent 45 days in a detention centre in southern Louisiana, has been back on the Tufts campus since.
The federal government appealed her release to the 2nd US Circuit Court of Appeals.
The January 29 decision, however, ends those proceedings for now.
Ozturk said it was heartening to know that some justice can prevail.
“Today, I breathe a sigh of relief knowing that despite the justice system’s flaws, my case may give hope to those who have also been wronged by the US government,” she said in a statement released by her lawyers.
Ozturk’s immigration lawyer, Mahsa Khanbabai, said the decision was issued by Immigration Judge Roopal Patel in Boston.
Patel’s decision is not itself public, and the Trump administration could challenge it before the Board of Immigration Appeals, which is part of the US Department of Justice.
Khanbabai hailed Patel’s decision, while slamming what she called the Trump administration’s weaponisation of the US immigration system to target “valued members of our society”.
“It has manipulated immigration laws to silence people who advocate for Palestinian human rights and the ongoing humanitarian crisis in Gaza,” she said. “With this ruling, Judge Patel has delivered justice for Rumeysa; now, I hope that other immigration judges will follow her lead and decline to rubber-stamp the president’s cruel deportation agenda.”
The Department of Homeland Security, which oversees US Immigration and Customs Enforcement, said in a statement that Judge Patel’s decision reflected “judicial activism”.
Homeland Security Secretary Kristi Noem “has made it clear that anyone who thinks they can come to America and hide behind the First Amendment to advocate for anti-American and anti-Semitic violence and terrorism – think again”.
The video of Ozturk’s arrest in the Boston suburb of Somerville was widely shared, turning her case into one of the highest-profile instances of the effort by Trump’s administration to deport non-citizen students with pro-Palestinian views.
Separately, a federal judge in Boston last month ruled that Noem and Secretary of State Marco Rubio had adopted an unlawful policy of detaining and deporting scholars like Ozturk that chilled the free speech of non-citizen academics at universities.
The Justice Department on Monday moved to appeal that decision.
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