The fate of two international students facing deportation was the focus of a recent hearing where a key question was raised to the Trump administration – does it believe the students’ speech is protected by the Constitution? During the hearing at the U.S. Court of Appeals for the Second Circuit in Manhattan, a government lawyer, Drew Ensign, avoided discussing the issue, stating that they had not taken a position on it.
The students in question, Rumeysa Ozturk and Mohsen Mahdawi, have been targeted by the Trump administration for their involvement in campus unrest related to the war in Gaza. Their lawyers argue that the government’s actions violate their First Amendment rights. However, the government’s legal strategy involves moving quickly, focusing on technical issues, and saving key constitutional questions for later.
Ms. Ozturk, a Turkish student studying child development at Tufts University, was detained in Louisiana for six weeks, where her untreated asthma posed a significant health risk. She had co-written an opinion piece critical of Israel’s conduct in Gaza, which led to her arrest by federal agents outside her apartment. On the other hand, Mr. Mahdawi was held in federal custody for two weeks before being released by a judge who likened the current political climate to McCarthyism.
The government’s tactics have resulted in some cases being delayed, as seen with Ms. Ozturk’s situation. Her lawyer struggled to locate her after her arrest, and she was eventually moved to a detention facility in Louisiana. In contrast, Mr. Mahdawi’s lawyers were able to find him quickly and secure a temporary restraining order to prevent his transfer.
The government petitioned to combine the cases of Ms. Ozturk and Mr. Mahdawi and pause lower court decisions. A Vermont judge ordered Ms. Ozturk to be returned to the state for further evaluation, while the government sought to regain the right to detain Mr. Mahdawi. The appeals court judges questioned the government’s lawyer on both cases, pressing for a stance on the students’ constitutional rights.
Ms. Ozturk’s lawyers have accused the government of “forum shopping” by moving her to a conservative appeals court in Louisiana. They argue that federal agents deliberately hid her whereabouts to prevent timely legal action. While in detention, Ms. Ozturk’s health deteriorated due to untreated asthma, raising concerns about life-threatening complications.
Before her detention, investigations accused Ms. Ozturk of supporting Hamas, a designated terrorist organization, based on her critical essay on Israel. Secretary of State Marco Rubio criticized her activism, emphasizing that her visa was for education, not political activism. Friends of Ms. Ozturk dispute the government’s portrayal, describing her as a quiet student interested in child development.
Mr. Mahdawi narrowly avoided transfer to Louisiana after being detained post his citizenship test. Despite being at risk for deportation, a judge in Vermont released him, highlighting the arbitrary nature of the government’s actions. The cases of Ms. Ozturk and Mr. Mahdawi underscore the challenges faced by international students amid heightened political tensions and immigration enforcement.
