A tense exchange occurred on Tuesday between a federal government lawyer and an appeals judge regarding detained Tufts University student Rumeysa Öztürk’s free speech protections. Öztürk, a Turkish national, was arrested by immigration authorities on March 25 after her student visa was revoked, based on claims from the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) that she had associations undermining U.S. foreign policy. This decision came shortly after she co-authored an op-ed critical of Tufts’ response to the Gaza conflict.
During a hearing at the Second Circuit Appeals Court, Judge Barrington Parker pressed the government lawyer, Drew Ensign, to clarify their stance on Öztürk’s free speech. Ensign indicated that the government had not taken a position and lacked authority to decide on that matter.
Öztürk has been held in a Louisiana detention center, far from where she was arrested, while appealing her deportation. Her legal team requested a transfer to Vermont, where she was last before her detention. Reports from Öztürk indicate that the conditions in detention are harsh, with issues like asthma attacks exacerbated by overcrowding and poor ventilation.
Simultaneously, the court considered arguments regarding Columbia University student Mohsen Mahdawi, who was detained by DHS during a naturalization interview. Although released on bail, the government argues that his release complicates detention proceedings. His attorney warned that a second detention could suppress Mahdawi’s free speech rights, emphasizing the historical context of government actions aimed at curbing dissent. Judge Geoffrey W. Crawford previously likened the current political climate to the Second Red Scare, suggesting a pattern of chilling effects on public discourse. Mahdawi condemned the government’s intimidation tactics in a post-release statement.
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