Appeals Court Says Federal Court Lacked Jurisdiction to Release Mohsen Mahdawi from Immigration Detention

NEW YORK – Today, the U.S. Court of Appeals for the Second Circuit overturned a ruling that determined federal courts have jurisdiction when immigration enforcement detains noncitizens in retaliation for their protected speech. The Second Circuit held that the district court lacked the authority to release Columbia University graduate student Mohsen Mahdawi on bail in April 2025 after he was detained at his citizenship interview and held for over two weeks in retaliation for his advocacy in support of Palestinian rights.

The decision does not go into effect immediately and the government has no lawful basis to redetain or deport Mr. Mahdawi as the appeals process proceeds.

“The government is claiming the unprecedented power to detain people for months or even years on end to censor their speech, with no ability to challenge their detention in court. This is as absurd as it is dangerous,” said Michael Tan, deputy director of the ACLU’s Immigrants’ Rights Project, who argued on behalf of Mr. Mahdawi last year. “We will continue to fight for our client and for his right to prompt judicial review.”

Earlier this year, immigration judge Nina Froes dismissed the deportation case against Mr. Mahdawi on the grounds that the government failed to authenticate a memo purportedly from Marco Rubio that declared him deportable under the “foreign policy ground” of the Immigration and Nationality Act. Froes was subsequently fired from her position as part of the Trump administration’s larger efforts to use the immigration court system to accelerate deportations. In April, after the government appealed that decision, the DOJ-controlled Board of Immigration Appeals held that Mr. Mahdawi was removable and remanded proceedings to a new immigration judge, who issued an order of removal last month. Mr. Mahdawi’s appeal of that decision is pending.

“Today’s decision is a grave setback, although I am confident justice will ultimately prevail,” said Mohsen Mahdawi, who has been a lawful permanent resident for more than a decade. “It reflects a dangerous failure under political pressure, one that risks turning the federal courts into instruments of politics rather than guardians of constitutional freedom. By weakening the First Amendment and creating different tiers of rights for citizens and non-citizens, this ruling hands the government a dangerous power: the power to intimidate, censor, and punish dissent without meaningful restraint. But I still have faith that the full court will correct the legal error and restore the constitutional principles that protect all people equally. This struggle continues for Palestine, for dignity and equality everywhere, and for the democratic promise of freedom that must belong to us all; until Palestine is free.”

"The Second Circuit's decision is incredibly dangerous, not just for Mohsen but for all other noncitizens the Trump administration has its vengeful sights upon," said Luna Droubi of Beldock Levine & Hoffman LLP. "Federal courts must have the power to step in when the government exploits our country’s immigration system to imprison people for their constitutionally-protected speech. If the Trump administration can target Mohsen for his advocacy in support of Palestinian rights, they can do it to anyone expressing an opinion they disagree with. Despite today's disappointing ruling, we will keep fighting for justice for Mohsen and to protect the First Amendment rights of everyone in this country."

Mr. Mahdawi is represented by Cyrus Mehta and David Isaacson of Cyrus D. Mehta Partners, PLLC; Luna Droubi, Matthew Melewski, and Tala Alfoqaha of Beldock Levine & Hoffman LLP; Andrew Delaney of Martin Delaney & Ricci Law Group; CLEAR; the American Civil Liberties Union; and the ACLU of Vermont.

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