Press Release: Judge Rules for Protester’s Free Speech Rights
In a landmark ruling, U.S. District Judge Crawford has released Mohammed Mahdawi, a Palestinian-American activist, from immigration detention, asserting that his arrest was motivated by a desire to suppress his political speech. The judge referenced historical events like the Red Scare and McCarthyism, emphasizing that immigration detentions must not serve punitive purposes or deter free expression.
Crawford noted that Mahdawi has a "substantial claim" against the government for allegedly detaining him to silence dissent, which contravenes constitutional rights. Upon his release, Mahdawi expressed gratitude to supporters outside the Burlington courthouse, affirming his identity as "pro-peace and anti-war." He conveyed a message of solidarity to Palestinians suffering under oppression, stating, “I see your freedom, and it is very very soon.”
Mahdawi’s attorney, Cyrus Mehta, asserted that his client’s advocacy for Palestinian rights is protected under the First Amendment. Mehta highlighted that Mahdawi’s detention was, in fact, retaliation for his lawful speech.
The government’s stance included allegations from high-ranking officials claiming Mahdawi engaged in “threatening rhetoric”; however, Crawford’s 29-page ruling dismissed these assertions as unfounded, noting that previous FBI investigations did not warrant charges against him.
Supporters from across Vermont and New York City celebrated Mahdawi’s release, with Vermont state Senator Rebecca White describing it as a significant victory amidst recent struggles for justice. Born in a refugee camp, Mahdawi immigrated to the U.S. in 2014 and has since become a notable figure in advocating for Palestinian rights.
As proceedings may continue regarding his deportation, the court’s decision to release Mahdawi highlights the essential intertwining of free speech and immigration law. The ruling underscores a broader commitment to protecting constitutional rights for all residents, noncitizens included.
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