A US appeals court on Tuesday overturned a 2025 ruling that ordered the Trump administration to release Mohsen Mahdawi from immigration detention, a setback for free-speech activists and pro-Palestinian advocates.
The ruling does not order Mahdawi’s re-arrest, but could set a precedent making it harder for Green Card holders to be released from detention on their claim to First Amendment rights.
The 35-year-old, who was studying for a master’s degree at Columbia’s School of International and Public Affairs, was detained by US Immigration and Customs Enforcement (ICE) agents following his participation in campus protests against Israel’s genocide in Gaza.
Mahdawi, who has permanent US residency or “Green Card” status, was detained by ICE when he attended an American citizenship interview in Vermont in mid-April last year.
Vermont-based US District judge Geoffrey Crawford later ordered Mahdawi released on bond, ruling that he enjoyed the same First Amendment free speech rights as US citizens.
The Manhattan-based 2nd US Circuit Court of Appeals said Crawford did not have jurisdiction over the case because it should have been resolved in immigration court.
In immigration court? Those are not judicial. They are executive. Why should they have jurisdiction over first amendment issued?
Nothing matters anymore :(
it’s not that it doesn’t matter – it does.
it’s that the people who are supposed to enforce it only give af when it benefits them and it’s our responsibility to either force them or replace them.
it seems like an impossibly large responsibility, but we’ve done it before – several times – and we can do it again if we could stop swallowing the propaganda that we keep reinforcing upon each other.
