Legal dispute over free speech: Attorney claims student Mohsen Mahdawi's case poses a threat.
Updated May 1, 2025 at 12:31 PM CDT
Mohsen Mahdawi, a fervent pro-Palestinian activist and Columbia University student, stepped out of a federal courthouse with a triumphant grin on Wednesday. After two weeks behind bars and facing potential deportation, a Vermont federal judge ruled his detention amounted to "unwarranted punishment" for innocent speech.
Mahdawi, a lawful permanent resident, was met by a cheerful crowd of supporters outside the courthouse, waving Palestinian flags.
"To President Trump and his gang: I ain't afraid of ya," Mahdawi declared to the clamoring supporters and media.
In his ruling, Judge Geoffrey W. Crawford penned: "It's downright wrong that legal residents not charged with crimes or misconduct are being taken away and threatened with expulsion for speaking their minds on today's political matters." Crawford compared the current situation to the height of the Red Scare back in the '50s. A spokesperson for the Department of Homeland Security argued that no lawsuit or judge could stop the administration from "getting back to normal in immigration rules."
But it appears that Mahdawi's fight is far from over. One of his attorneys, Luna Doubri, shared with NPR's Morning Edition, that they plan to continue challenging the federal government's case against him on constitutional grounds.
"This unadulterated freedom to express our opinions is one of the crown jewels of this country," Doubri mentioned. "And if we're unable to uphold that, or our courts don't recognize it, then we'd better all take a long, hard look at ourselves and our Constitution."
Interview highlights
Leila Fadel: Our listenership caught a snippet of your client, Mohsen Mahdawi, from behind bars a few days ago but was released today. Were you surprised it happened?
Luna Droubi: Of course I was, but it was about time. The judge finally saw the error of their ways and did the right thing.
Fadel: What was his reaction when he regained his freedom?
Droubi: Mohsen's as cool as a cucumber, that cat. He just looked at me, gave me a knowing nod, and hugged me hard before mentally processing what was happening. He carries a heavy burden, but there's a glimmer of hope in his eyes now.
Fadel: So, what were the terms of his release?
Droubi: He gotta stay in Vermont, where he calls home, occasionally jet off to New York City for his studies at Columbia, and attend whatever hearings the court deems necessary. His itinerary's flexible, thank goodness.
Fadel: There are two ongoing tracks: the federal court case arguing the first amendment rights of speech and due process have been violated and the immigration case over his deportation.
Droubi: The immigration fight persists. The current case bears no relation to the snag in his immigration procedure. We'll press on with our litigation, hoping to demonstrate that the entire ordeal was unconstitutional from start to finish.
Fadel: The administration's playing hardball with this rarely employed immigration act, claiming Mahdawi's presence in the US would impact U.S. foreign policy. They argue the protests he led fueled antisemitism and undermined Middle East peace efforts. But he hasn't been charged with a crime. What's at stake here?
Droubi: Freedom of speech, baby. Mahdawi's committed no crime beyond advocating for his fellow Palestinians. It's our constitutional right to express ourselves, and if our judiciary can't appreciate that, then we need to question their allegiance to our Constitution.
Note: Mahdawi is one of several noncitizen university students targeted over their activism advocating for an end to the war in Gaza. Under the Trump administration, they've invoked a seldom-used provision of the Immigration and Nationality Act of 1952 that gives the secretary of state the power to decide if a person's presence in the country poses a threat to U.S. foreign policy objectives.
Fadel: Are we justified in calling this guy an antisemite?
Droubi: Let's call a spade a spade, honey. My client's concerned with Palestinian rights, and his cause is centered on peace. So, unless peace ain't their goal, I don't see what the issue is.
Fadel: He could be picked up under the same charges again, right?
Droubi: Not according to the act the secretary of state’s using. The government's gone fishing without a license in this case.
Fadel: A significant test case, is it not?
Droubi: You bet your sweet bippy, this here's a bellwether. A judge saw fit to hear declarations from no less than 130 folks who vouched for this man's character, his intentions and his cause. This case symbolizes the ongoing struggle between immigration enforcement and free speech protections, and it's a testament to our duty to safeguard those rights for our citizens and non-citizens alike.
This interview snippet has been edited for length and clarity.
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- Luna Doubri, one of Mahdawi's attorneys, stated that they plan to continue challenging the federal government's case against him on constitutional grounds, emphasizing the importance of free speech as a pillar of the country.
- In a surprising turn of events, Judge Geoffrey W. Crawford ruled that Mahdawi's detention amounted to "unwarranted punishment" for innocent speech, citing the current situation as reminiscent of the Red Scare era.
- Advocating for the rights of Palestinians, Mahdawi was met with potential deportation and detention, which political analysts might associate with the administration's war-and-conflicts policy-and-legislation.
- The administration argued that no lawsuit or judge could stop them from "getting back to normal in immigration rules," indicating a dual focus on general news and politics as they approach immigration cases like Mahdawi's.
- The Department of Homeland Security spokesperson maintained that the administration's policy-and-legislation regarding immigrants, such as Mahdawi, aims to protect US foreign policy objectives, despite no criminal charges being filed against him.
