Deportation Proceedings Against Tufts Scholar Dismissed After ICE Arrest
Rumeysa Ozturk, a doctoral candidate at Tufts University, found herself at the center of a significant legal battle after masked ICE agents apprehended her on the street last March. An immigration court judge has now terminated the deportation proceedings against her, marking a pivotal moment in her ongoing struggle against the U.S. government's actions.
The Department of Homeland Security could not substantiate its claim that Ozturk warranted deportation, leading to the judge's decision, as her legal team informed a federal appeals court on Monday. This ruling comes as Ozturk continues to contest the legality of her arrest and subsequent detention.
“I breathe a sigh of relief knowing that despite the justice system’s flaws, my case may give hope to those who have also been wronged by the U.S. government,” Ozturk expressed in a statement, reflecting on the broader implications of her situation.
Despite accusations from administration officials alleging her involvement in activities supporting Hamas, internal State Department documents contradicted these claims, revealing no evidence of antisemitic actions or statements from Ozturk.
Her involvement in a student newspaper op-ed criticizing university leaders for their response to Israel's actions in Gaza led to the cancellation of her student visa and an arrest warrant issued by officials influenced by a pro-Israel activist group.
On March 25, 2022, Ozturk was seized by plainclothes ICE officers while walking near her home in Somerville, Massachusetts. She spent over six weeks in an ICE detention facility in Louisiana, far from her community.
Revelations from unsealed internal memos indicated that Secretary of State Marco Rubio had directed efforts to deport several prominent activists, including Ozturk. A senior diplomat warned Rubio that such actions could violate First Amendment rights and likely fail in court.
Ozturk's legal team argued that her arrest was retaliatory and unconstitutional, violating both the First and Fifth Amendments. A federal judge ordered her release on bail six weeks post-arrest, although the Trump administration appealed this decision. Oral arguments were presented to a three-judge panel in September, with a ruling still awaited.
Despite this legal victory, the Trump administration persisted in its efforts to remove Ozturk through immigration court proceedings. Unlike federal district courts, immigration courts operate under the Department of Justice's jurisdiction, often keeping proceedings private. The judge's ruling against deportation was filed under seal.
“Under the government’s view, it could punitively detain any noncitizen in retaliation for her speech for many months,” her lawyers argued in their appeal, highlighting the potential for abuse within the system.
Ozturk’s legal representatives criticized the Trump administration for weaponizing immigration laws to suppress dissenting voices. “It has manipulated immigration laws to silence people who advocate for Palestinian human rights,” stated Mahsa Khanbabai from Khanbabai Immigration Law.
Khanbabai described the secret revocation of Ozturk's visa as “Kafkaesque,” urging other immigration judges to reject similar punitive measures. Ozturk expressed concern for those who remain voiceless amid such injustices.
“When we openly talk about the many injustices around us, including the treatment of immigrants and others who have been targeted and thrown into for-profit ICE prisons, as well as what is happening in Gaza, true justice will prevail,” she concluded.
