BURLINGTON, Vt. (AP) — A federal judge is scheduled to consider a request Wednesday to immediately release a Palestinian man who led protests against the war in Gaza as a student at Columbia University and was arrested during an interview about finalizing his U.S. citizenship.
Mohsen Mahdawi, a legal permanent resident for 10 years, was arrested April 14 at the U.S. Citizenship and Immigration Services office in Colchester, Vermont, by Immigration and Customs Enforcement agents, his lawyers said. He is being detained at the Northwest State Correctional Facility in St. Albans.
Mahdawi’s lawyers say he was detained in retaliation for his speech advocating for Palestinian human rights.
“We ask this court to suspend this unlawful retaliation and slow the grave threat to free speech posed by his continued detainment by releasing Mr. Mahdawi on bail,” they ask in a court document filed Tuesday.
In its response, the government argues that Mahdawi’s 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,” wrote Michael Drescher, Vermont’s assistant U.S. attorney.
Mahdawi had attended his interview, answered questions and signed a document that he was willing to defend the U.S. Constitution and laws of the nation.
“It was a trap,” his lawyers said.
They said masked ICE agents entered the interview room, shackled Mahdawi, and put him in a car. A judge later issued an order barring the government from removing him from the state or country.
Mahdawi is still scheduled for a hearing date in immigration court in Louisiana on May 1, his attorneys said. His notice to appear says he is removable under the Immigration and Nationality Act because the Secretary of State has determined his presence and activities “would have serious adverse foreign policy consequences and would compromise a compelling U.S. foreign policy interest.”
Last month, Secretary of State Marco Rubio said the State Department was revoking visas held by visitors who were acting counter to national interests, including some who protested Israel’s war in Gaza and those who face criminal charges.
According to the court filing, Mahdawi was born in a refugee camp in the West Bank 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 critic of Israel’s military campaign in Gaza and organized campus protests until March 2024.
U.S. Sen. Peter Welch of Vermont, a Democrat, met with Mahdaw i on Monday at the prison and posted a video account of their conversation on X. Mahdawi said he was “in good hands.” He said his work is centered on peacemaking and that his empathy extends beyond the Palestinian people to Jews and to the Israelis.
“I’m staying positive by reassuring myself in the ability of justice and the deep belief of democracy,” Mahdawi said in Welch’s video. “This is the reason I wanted to become a citizen of this country, because I believe in the principles of this country.”
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Associated Press writer Kathy McCormack in Concord, New Hampshire, contributed to this report.
