Court orders Lucien Osborne, a Tufts student, relocated to a detention facility in Vermont, upholding his challenge against immigration detention.
Rewritten Article:
In a significant victory for PhD student Rumeysa Ozturk at Tufts University, a federal appeals court has ordered President Donald Trump's administration to shift her from Louisiana's immigration detention center to Vermont for a bail hearing. This decision brings her one step closer to a potential release, following six weeks in custody.
This high-profile case has come to symbolize President Trump's push to deport pro-Palestinian activists on U.S. campuses, who have been vocal in their opposition to Israel's conflict in Gaza.
The 2nd U.S. Circuit Court of Appeals decisively dismissed the administration’s attempt to stall an April 18 court order requiring Ozturk's transfer to Vermont. This move would enable her to participate in a bail hearing and legal proceedings challenging her detention.
"We're relieved the court refused the government's efforts to keep her distant from her community and legal counsel while she fights for her release," expressed Esha Bhandari, Ozturk's attorney from the American Civil Liberties Union.
Currently, U.S. District Judge William Sessions in Burlington had scheduled the bail hearing for Friday, but a new date may emerge following the 2nd Circuit's ruling, which gave the administration until May 14 to transfer Ozturk to ICE custody in Vermont. A delay in bail proceedings is possible due to this transfer.
The administration could potentially seek assistance from the U.S. Supreme Court. A spokesperson for the U.S. Department of Homeland Security, which manages ICE, stated that the ruling does not alter the continued detention of Ozturk.
The department, in a statement, emphasized that it "will vigorously push for the arrest, detention, and removal of immigrants who lack the right to be in this country."
Ozturk was arrested on a street in Somerville, a Boston suburb, on March 25, after the U.S. State Department withdrew her student visa due to an opinion piece she co-authored in Tufts' student newspaper last year. This article criticized the school's response to student calls for divestment from companies linked to Israel during the Gaza war, and to acknowledge the Palestinian genocide.
Her arrest by masked agents was captured in a viral video, triggering immediate litigation. Her attorneys described her detention as unlawful and a violation of her free speech rights under the U.S. Constitution's First Amendment.
Following her arrest, Ozturk was sent to Louisiana, after being briefly held in Vermont. A lawsuit filed in Boston was later moved to Vermont, despite the Trump administration's objections, as Ozturk was detained there when the case was initiated. The administration argued that she should challenge her detention where she is currently held - Louisiana.
Requiring her to litigate in Louisiana would mean her appeals would likely be heard by the most conservative federal appeals court in the nation, whereas litigating in Vermont allows her to challenge her arrest and detention rather than the immigration proceedings against her. The administration contended that any challenges to government deportation decisions must occur in immigration court, rather than federal district court.
However, the court panel dismissed the venue arguments, stating that her lawsuit focused solely on her arrest and detention, and could be resolved without affecting the immigration proceedings. The court added that Ozturk's claim that the government detained her to stifle speech was a constitutional issue separate from removal procedures managed by immigration courts.
The appellate panel is also considering consolidating Ozturk's case with that of another student, Mohsen Mahdawi, who has been detained for similar reasons. During oral arguments, the court examined whether the speech in both cases is protected, but the government has yet to challenge this point explicitly, focusing instead on jurisdictional issues.
Rumeysa Öztürk’s case is progressing with a court-ordered transfer to Vermont imminent, where the legality of her detention and First Amendment concerns will be further addressed. Her legal team continues to advocate for her immediate release given the harsh conditions of her confinement and the constitutional issues raised by her detention following peaceful political speech.
- The federal appeals court's decision to transfer Rumeysa Ozturk, a Tufts University student, from Louisiana's immigration detention center to Vermont for a bail hearing brings her one step closer to potential release, following six weeks in custody.
- Ozturk's high-profile case has come to symbolize President Trump's push to deport pro-Palestinian activists on U.S. campuses, in opposition to Israel's conflict in Gaza.
- The 2nd U.S. Circuit Court of Appeals dismissed the administration’s attempt to stall an April 18 court order requiring Ozturk's transfer to Vermont, enabling her to participate in a bail hearing and legal proceedings challenging her detention.
- The administration could potentially seek assistance from the U.S. Supreme Court, but a delay in bail proceedings is possible due to the transfer.
- The administration argues that immigrants like Ozturk, who lack the right to be in the country, should be arrested, detained, and removed.
- Ozturk was arrested due to an opinion piece she co-authored in Tufts' student newspaper last year, criticizing the school's response to student calls for divestment from companies linked to Israel during the Gaza war, and to acknowledge the Palestinian genocide.
- The appellate panel is also considering consolidating Ozturk's case with that of another student, Mohsen Mahdawi, who has been detained for similar reasons, with the court examining whether the speech in both cases is protected. The government, however, has yet to challenge this point explicitly, focusing instead on jurisdictional issues. The articles in this case are related to general news, crime and justice, politics, and policy and legislation, appearing in the national and general-news sections.
