Federal Judge Cites ‘Red Scare’ in Releasing Palestinian-Born Student from ICE Custody

by LC Staff Writer | May 03, 2025
A person holding a sign that reads "FREE MOHSEN" during a protest, advocating for the release of Mohsen Mahdawi. Photo Source: Getty Images via bbc.com

A federal judge in Vermont has ordered the release of Columbia University student Mohsen Mahdawi, a Palestinian-born lawful permanent resident, who was arrested by immigration agents last month after attending a naturalization interview. The court's decision comes amid a broader crackdown by the Trump administration on foreign-born students involved in pro-Palestinian activism.

Judge Geoffrey Crawford, appointed by President Obama, issued the order on Wednesday, sharply criticizing the government's actions as reminiscent of past political repression. "We certainly saw it in the Red Scare," Crawford said, adding, "The wheel of history has come around again, but as before, these times will pass." The judge allowed Mahdawi's release on the condition that he return for all court proceedings.

Mahdawi, 34, has lived in Vermont for nearly a decade and is set to graduate from Columbia University with a philosophy degree next month. He also owns property in the state and is married to a U.S. citizen. Immigration agents arrested him on April 14 at an immigration office in Colchester, Vermont, immediately after he passed his citizenship test. According to court filings and statements from the ACLU, officials already had a flight booked to remove him from the state.

The American Civil Liberties Union intervened to obtain a temporary restraining order from the federal court, halting his transfer to Louisiana. Mahdawi was held in a state prison until his release on Wednesday. Speaking to reporters outside the courthouse, he emphasized the continued detention of others in similar situations, stating, "You might think I am free but my freedom is interlinked to the freedom of many other students including Rumeysa Ozturk and Mahmoud Khalil."

The government had attempted to justify Mahdawi's detention using a rarely invoked provision of the Immigration and Nationality Act, citing national security and foreign policy concerns. Secretary of State Marco Rubio publicly supported the move, calling Mahdawi a threat due to his political activism. A Department of Homeland Security spokesperson stated, "The Trump administration is committed to restoring the rule of law to our immigration system. No judge, not this one or any other, is going to stop us from doing that."

Mahdawi’s attorneys have filed a habeas corpus petition to challenge his detention, arguing it was unconstitutional and politically motivated. His legal team and civil rights advocates have accused federal immigration authorities of attempting to suppress dissent by targeting students involved in pro-Palestinian demonstrations. Mahdawi organized such protests on Columbia’s campus, actions that lawyers say are protected under the First Amendment.

Court records mention a 2015 incident in which Mahdawi allegedly expressed interest in purchasing a rifle and made inflammatory comments about Jews. He denies making those statements, and the FBI ultimately declined to press charges. Columbia University issued a statement affirming, "Every individual in this country, citizen and non-citizen alike, deserves the due process rights afforded them by law."

As Mahdawi’s case proceeds, he is restricted to Vermont but allowed to travel to New York to meet with his legal counsel or attend school. His release marks one of the first judicial rebukes of the administration's student detention policy, and legal observers suggest it could shape future rulings on the limits of federal immigration enforcement against legal residents engaging in political speech.

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LC Staff Writer
LC Staff Writer
Law Commentary’s Staff Writers are dedicated legal professionals and journalists who excel at making complex legal topics accessible and relatable. They are committed to providing clear, accurate commentary that helps readers understand the impact of legal news on their daily lives.

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