ALEXANDRIA, Va. (AP) — A federal judge on Wednesday ordered that a Georgetown scholar from India be released from immigration detention after he was arrested in the Trump administration’s crackdown on foreign college students.
Badar Khan Suri, who is being held in Texas, will go home to his family in Virginia while he awaits the outcome of his petition against the Trump administration for wrongful arrest and detention in violation of the First Amendment and other constitutional rights. He’s also facing deportation proceedings in an immigration court in Texas.
Immigration authorities have detained college students from across the country — many of whom participated in campus protests over the Israel-Hamas war — since the first days of the Trump administration. Khan Suri is the latest to win release from custody, along with Rumeysa Ozturk, a Tufts University student from Turkey, and Mohsen Mahdawi, a Palestinian student at Columbia University.
Khan Suri was arrested by masked, plain-clothed officers on the evening of March 17 outside his apartment complex in Arlington, Virginia. He was then put on a plane to Louisiana and later to a detention center in Texas.
The Trump administration has said that it revoked Khan Suri’s visa because of his social media posts and his wife’s connection to Gaza as a Palestinian American. They accused him of supporting Hamas, which the U.S. has designated as a terrorist organization.
Khan Suri and his wife, Mapheze Saleh, have been targeted because Saleh’s father worked with the Hamas-backed Gazan government for more than a decade, but before Hamas attacked Israel on Oct. 7, 2023, Khan Suri’s attorneys say.
According to the U.S. government, Khan Suri has undisputed family ties to the terrorist organization, which he “euphemistically refers to as ‘the government of Gaza.’” But the American Civil Liberties Union has said that Khan Suri hardly knew the father, Ahmed Yousef.
U.S. District Judge Patricia Tolliver Giles in Alexandria said she was releasing Khan Suri because she felt he had substantial constitutional claims against the Trump administration. She also considered the needs of his family and said she didn’t believe he was a danger to the community.
“Speech regarding the conflict there and opposing Israel’s military campaign is likely protected political speech,” Giles said. “And thus he was likely engaging in protected speech.”
The judge added: “The First Amendment does not distinguish between citizens and noncitizens.”
Giles acknowledged the Trump administration’s need to prioritize national security but said that “whatever deference may be appropriate, concerns of national security” do not supersede the judiciary.
David Byerley, a Justice Department attorney, had argued against Khan Suri’s release. He told the judge that Khan Suri’s First Amendment case is inextricably intertwined with the deportation case in Texas, so he should stay there. He also cited costs of redetaining Khan Suri as a reason to not grant him bail.
Earlier this month, U.S. attorneys had argued that Khan Suri’s First Amendment case should be moved from Virginia to Texas because the petition was filed after the scholar had already left the state. They said filing his case in Texas is a “relatively straightforward application of well-settled law.”
Khan Suri, an Indian citizen, came to the U.S. in 2022 through a J-1 visa, working at Georgetown as a visiting scholar and postdoctoral fellow. He and his wife have three children: a 9-year-old son and 5-year-old twins.
Before his arrest, he taught a course on majority and minority human rights in South Asia, according to court records. The filings said he hoped to become a professor and embark on a career in academia.
