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In a legal development concerning academic freedom and immigration policy, a federal judge has mandated the transfer of a Tufts University student, currently facing deportation, back to Vermont. The student is embroiled in controversy following an essay she authored concerning Israel and the conflict in Gaza. Judge William K. Sessions III issued the order on Friday in favor of Rumeysa Öztürk, a Turkish national and doctoral candidate at Tufts, who is contesting her detention and potential removal from the United States.
Federal Judge Orders Transfer in Deportation Case
Judge William K. Sessions III issued a stay of four days on his order, allowing the government time to lodge an appeal. Öztürk, a 30-year-old Turkish citizen holding a visa in the U.S., is presently held at an Immigration and Customs Enforcement (ICE) detention facility in Louisiana.
Habeas Petition and Constitutional Concerns
In Friday’s pronouncement, the judge rejected government attempts to dismiss Öztürk’s habeas corpus petition. He asserted that Öztürk “has presented substantial constitutional questions regarding her arrest and confinement.”
The Tufts scholar was taken into custody on March 25 in Somerville, Massachusetts. The Department of Homeland Security has accused her of involvement in “activities in support of Hamas.”
Essay on Israel and Gaza at Center of Case
The accusations stem from an opinion piece she co-authored in 2024 for the university student newspaper. The essay urged Tufts to “acknowledge the Palestinian genocide,” echoing demands made in a resolution by the undergraduate student government.
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The op-ed further critiqued university administrators’ handling of student government resolutions calling for the disclosure of investments and divestment from companies linked to Israel.
“An opinion article in a university publication advocating for human rights and freedom for Palestinians should not result in imprisonment,” declared Mahsa Khanbabai, one of Öztürk’s legal representatives, on Friday. “Our immigration laws should not be manipulated to tear individuals away from their residences and families.”
Legal Strategy and Jurisdiction Dispute
Öztürk’s legal team hailed Friday’s judicial decision as a victory. They argued that the federal government was attempting to strategically manipulate the location of proceedings to secure a favorable outcome.
Friday’s ruling permits Öztürk to remain in ICE custody within Vermont while her habeas petition, challenging her detention, proceeds in federal court. Her removal case is simultaneously ongoing in immigration court in Louisiana.
The Department of Justice has not yet issued a statement regarding Friday’s ruling.
Broader Context of Student Protests and Deportation
Öztürk is among several international students in the U.S. on visas facing deportation from the current administration. These actions are reportedly linked to their involvement in protests against Israel’s actions in the Gaza conflict, initiated after the Hamas attacks on Israel on October 7, 2023.
University Support for Student’s Freedom of Speech
Tufts University has voiced its support for Öztürk and formally requested her release from detention. The university maintains that the opinion essay did not contravene university policies and aligned with its commitment to freedom of expression.
“The University possesses no additional information suggesting that she has acted in a manner that would violate the University’s understanding of the Immigration and Naturalization Act,” university leadership stated in a declaration earlier in March.