Court says no evidence Indian scholar posed a threat; affirms non-citizens also enjoy First Amendment rights
A US federal judge has ordered the release of Badar Khan Suri, an Indian academic detained by immigration authorities and facing deportation, marking a major setback for the government’s crackdown on international students accused of political activism, reported gujaratsamachar.com.
Judge Patricia Giles ruled that Suri’s detention was unjustified and said his right to free speech is protected under the US Constitution, regardless of citizenship
On Wednesday, Judge Giles stated the US government had failed to present sufficient evidence that Suri posed a danger to society. The court emphasized that the First Amendment’s free speech protections apply to all individuals, including non-citizens. The ruling suggested Suri’s arrest may have been politically motivated, noting his public views and marriage to Maphaze Ahmad Yousef, a Palestinian-American woman, were likely factors in his detention.
Suri, who holds a PhD from Jamia Millia Islamia in New Delhi, was a post-doctoral fellow at Georgetown University where he taught “Majoritarianism and Minority Rights in South Asia.”
He was conducting research on peacebuilding in conflict zones when he was detained by masked immigration officers outside his Virginia home in March. His student visa had been revoked, and he was transferred to immigration detention centers in Louisiana and Texas.
The Department of Homeland Security accused Suri of promoting Hamas propaganda and antisemitism online.
Tricia McLaughlin, Assistant Secretary at the US Department of Homeland Security, alleged Suri was “spreading Hamas propaganda and promoting antisemitism on social media.” Suri’s lawyers contested this, arguing the arrest was politically driven and filed a habeas corpus petition seeking his release. Meanwhile, government attorneys attempted to move the case to Texas, where immigration courts are considered more conservative.
Judge Giles’ decision, delivered in Alexandria, Virginia, is the third in a series of rulings against the US administration’s controversial efforts to deport foreign students allegedly connected to pro-Hamas rhetoric.
Suri’s deportation case is still pending in Texas
Suri remains under legal scrutiny, as his deportation proceedings continue in a Texas court. His case follows similar outcomes for Rumeysa Ozturk, a Turkish doctoral student at Tufts University, and Mohsen Mahdawi, a Palestinian protest leader at Columbia University — both of whom were released after being accused of pro-Hamas affiliations.
These cases underscore the legal challenges facing the US government’s approach to immigration enforcement amid rising global political tensions and debates over academic freedom.
