Key facts
- A US appeals court overturned a ruling that had ordered the release of Mohsen Mahdawi from immigration detention.
- The court found that the lower court lacked jurisdiction to hear the case.
- The decision could impact the ability of Green Card holders to challenge their detention using First Amendment claims.
- Mohsen Mahdawi, a master's student at Columbia University, was detained by ICE after participating in pro-Palestinian protests.
- Mahdawi co-founded the Palestinian Student Union at Columbia.
A U.S. appeals court overturned a ruling that had ordered the release of pro-Palestinian activist Mohsen Mahdawi from immigration detention. The decision by the 2nd US Circuit Court of Appeals could establish a precedent making it more difficult for Green Card holders to secure release from detention by asserting their First Amendment rights.
Mahdawi, a 35-year-old master's student at Columbia University, was detained by ICE agents after participating in campus protests against the conflict in Gaza. He holds permanent US residency. Previously, US District Judge Geoffrey Crawford had ordered Mahdawi's release on bond, asserting he possessed the same First Amendment free speech rights as US citizens. However, the appeals court found Crawford lacked jurisdiction.
Mahdawi, who moved to the US a decade ago, co-founded the Palestinian Student Union at Columbia in 2023 with Mahmoud Khalil. Khalil is another prominent figure in the pro-Palestinian student movement who has also faced actions from the US administration. This ruling follows a similar decision earlier this year concerning Khalil, whose judge also lacked jurisdiction. Neither ruling directly addressed the men's First Amendment rights, but their combined effect could impede non-citizens detained in immigration facilities from seeking release on such grounds.