A Tufts University student from Turkey being held in Louisiana must be returned to New England by May 1 to determine whether she was illegally detained by immigration officials for co-writing an op-ed piece in the student newspaper, a federal judge ruled Friday.
U.S. District Judge William Sessions in Burlington, Vermont, said he would hear Rumeysa Ozturk’s request to be released from detention. Her lawyers had requested that she be released immediately, or at least brought back to Vermont.
“The Court concludes that this case will continue in this court with Ms. Ozturk physically present for the remainder of the proceedings,” the judge wrote. “Ms. Ozturk has presented viable and serious habeas claims which warrant urgent review on the merits. The Court plans to move expeditiously to a bail hearing and final disposition of the habeas petition, as Ms. Ozturk’s claims require no less.”
Immigration officials surrounded the 30-year-old doctoral student as she walked along a street in a Boston suburb March 25 and drove her to New Hampshire and Vermont before putting her on a plane to a detention center in Basile, Louisiana. An immigration judge denied her request for bond Wednesday, citing “danger and flight risk” as the rationale.
Ozturk is among several people with ties to American universities whose visas were revoked or have been stopped from entering the U.S. after they were accused of attending demonstrations or publicly expressing support for Palestinians. A Louisiana immigration judge has ruled that the U.S. can deport Columbia University graduate student Mahmoud Khalil based on the federal government’s argument that he poses a national security risk.
A lawyer for the Justice Department said her case should be dismissed, saying the immigration court has jurisdiction.
Ozturk’s lawyers first filed a petition on her behalf in Massachusetts. Initially, they didn’t know where she was. They said they were unable to speak to her until more than 24 hours after she was detained. Ozturk herself said she unsuccessfully made multiple requests to speak to a lawyer.
Ozturk was one of four students who wrote an op-ed in the campus newspaper, The Tufts Daily, last year criticizing the university’s response to student activists demanding that Tufts “acknowledge the Palestinian genocide,” disclose its investments and divest from companies with ties to Israel.
Ozturk’s lawyers say her detention violates her constitutional rights, including free speech and due process.
A Department of Homeland Security spokesperson said last month, without providing evidence, that investigations found that Ozturk engaged in activities in support of Hamas, a U.S.-designated terrorist group.