Authorities apprehended Öztürk under the Trump administration’s pledge to deport students with visas who had expressed antisemitic views. Öztürk’s lawyers argued that her deportation would violate her First Amendment rights to free speech and her detention violated her due process rights.
The ACLU of Massachusetts petitioned the court for Öztürk’s release, arguing that the government had no evidence beyond a pro-Palestinian op-ed she coauthored for the Tufts student newspaper to warrant her removal. The Justice Department claimed that Sessions had no authority to intervene in her case, as it was pending in the immigration court system.
The judge grappled with jurisdictional issues between the immigration system and the District Court, which could potentially lead to a constitutional crisis if conflicting orders were issued. Öztürk’s lawyers emphasized that she had never engaged in antisemitism or advocacy for terrorism, and the government had not shown any evidence to justify her detention.
Öztürk’s supporters gathered outside the courthouse, calling for her release and holding signs advocating for her return to Somerville. They highlighted her advocacy for children and peaceful coexistence, contrasting it with the harsh treatment she faced in detention. Öztürk, who had been living in fear after being identified by an anonymous website, detailed her traumatic journey to a facility in Louisiana where she was denied access to legal counsel.
The judge took the matter under advisement, with a potential hearing scheduled for May. Öztürk’s lawyers and supporters continue to advocate for her release, emphasizing her dedication to her studies and peaceful activism. The case has sparked concerns about freedom of speech and due process rights for non-citizens in the United States.
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