BURLINGTON, Vt. (WCAX) – A Vermont judge on Wednesday released a Palestinian man who led protests against the war in Gaza as a student at Columbia University and was arrested by immigration officials during an interview about finalizing his U.S. citizenship.
Mohsen Mahadawi, a Columbia University student who has lived in Vermont for about 10 years, had been detained since he was taken into custody in Colchester earlier this month.
The feds said they want to deport him because of his participation in protests against the war in Gaza, which they say have serious foreign policy consequences.
Wednesday, U.S. District Judge Geoffrey Crawford ruled that Mahdawi be released while his case plays out in court. In his order, Crawford wrote, in part, “[Mahdawi’s] continued detention would likely have a chilling effect on protected speech, which is squarely against the public interest.”
Hundreds of Mahdawi’s supporters waited outside the courthouse, along with cameras and news crews from across the country. The moment he walked, the crowd erupted.
“I’m beyond happy, overjoyed! I’m in disbelief!” said Salaam Odeh, a friend of Mahdawi.
Mahdawi, a green card holder, was arrested by U.S. Immigration and Customs Enforcement agents on April 14 at what he thought was the final interview to get U.S. citizenship.
“For anybody doubting justice, this is a light of hope, a hope and faith in the justice system in America,” Mahdawi said.
Documents from federal court show the government believes it can deport Mahdawi based on his role in leading protests at Columbia University that they call antisemitic and a threat to U.S. foreign policy.
Mahdawi denied those allegations.
“The threat is saying no to their policy, which is a policy that is a pro-war and against peace, anti-peace, and we are saying we are pro-peace and anti-war,” he said.
In arguing in support of his detainment, the government highlighted an alleged conversation with a gun shop owner reported to Windsor police in 2015. The owner said Mahdawi made comments about building machine guns and killing Jewish people. His lawyers called it hearsay.
Mahdawi says he met with an FBI agent a few months later, saying that he went to the shop to see if he needed to register his shotgun he got as a gift, and did not make any antisemitic comments.
That same agent was in court Wednesday but was never called to testify.
In court, the government said that there is more information they have on Madwahi but they refused to share it in an open court, citing national security concerns.
The judge still decided to release Mahdawi on bail, saying he is not a danger to the public.
His attornies say the ruling is bigger than just this case.
“I’m so proud that Mohsen’s release today has been somewhat of a victory for all noncitizens in the United States, for everybody,” said Cyrus Mehta, Mahdawi’s lawyer.
Mahdawi spoke with me after his release.
Reporter Ike Bendavid: What is it like to be free now?
Mohsen Mahdawi: It’s just a renewal of faith.
Ike Bendavid: What’s the first thing your going to do today?
Mohsen Mahdawi: I’m going to do a prayer, a prayer of gratitude. Then I will take a walk in nature.
To be clear, Mahdawi’s deportation case is still ongoing. Wednesday, he was just released on conditions, including that he continue to live in Vermont and attend college in New York City.
The government is not backing down. Tricia McLaughlin, the assistant secretary of the Department of Homeland Security, said in a statement: “The Trump Administration is committed to restoring the rule of law to our immigration system. No lawsuit, not this one or any other, is going to stop us from doing that. We have the law, the facts, and common sense on our side.
“It is a privilege to be granted a visa or green card to live and study in the United States of America. When you advocate for violence, glorify and support terrorists that relish the killing of Americans, or harass Jews, that privilege should be revoked, and you should not be in this country.”
Vermont’s congressional delegation called Mahdawi’s release an important first step in a joint statement, saying, in part: “He should never have experienced this grave injustice… The Trump Administration’s actions in this case—and in so many other cases of wrongfully detained, deported, and disappeared people—are shameful and immoral.”
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