Mohsen Mahdawi speaks outside a Vermont courthouse after a judge released the Palestinian student activist on Wednesday, April 30, in Burlington, Vt. Amanda Swinhart/AP hide caption
Columbia University student Mohsen Mahdawi walked out of a federal courthouse on Wednesday afternoon after a Vermont federal judge found that his two-week detention demonstrated "great harm" to someone not charged with a crime.
Mahdawi, a lawful permanent resident detained over his pro-Palestinian activism, was greeted by a crowd of cheering supporters gathered outside the courthouse.
"I am saying it clear and loud. To President Trump and his Cabinet: I am not afraid of you," Mahdawi told supporters and the media.
In his opinion, Judge Geoffrey W. Crawford wrote: "Legal residents not charged with crimes or misconduct are being arrested and threatened with deportation for stating their views on the political issues of the day." The judge likened this moment to the Red Scare and McCarthy Era. A Department of Homeland Security spokesperson said in statements to the press that no lawsuit or judge would stop the administration from "restoring the rule of law to our immigration system."
But this case and a separate deportation case Mahdawi faces are far from over. One of Mahdawi's lawyers, Luna Doubri, told Morning Edition that the legal team plans to continue fighting the federal government's claims against him on the grounds that they are unconstitutional.
"One of the bedrocks of this country is supposed to be the freedom to speak up," Doubri said. "And if courts don't see that, or if we can't uphold the Constitution in this way, then we all need to look, take a deep, hard look at ourselves and our Constitution."
This interview has been edited for length and clarity.
Leila Fadel: Our listeners heard from your client, Mohsen Mahdawi, from prison just a couple of days ago and now he's been released. Were you surprised that it happened?
Luna Droubi: Of course I was surprised that it happened, but it was absolutely the right thing to do. The judge understood that. He heard what Mohsen had to say. He read the law and he did the right thing.
Fadel: What did he say to you when he was released?
Droubi: Mohsen is a very calm presence. And so, you know, he just looked at me and he said, thank you. And he nodded and he gave me a big hug. And that was it. He's still processing what happened. But I think I saw a huge sense of relief on his face.
Fadel: But this case is not over. What were the conditions of his release?
Droubi: He set only a few conditions that he remained in Vermont, which is his home anyway. That he be allowed to travel to New York City to attend Columbia, which is his goal anyway, and that any other travel would have to get approved by the court and that he has to attend hearings in the case.
Fadel: What happens next? There are two tracks, the federal court case, where you've petitioned the court saying that your client's First Amendment right to free speech has been violated and his right to due process has been violated. But there's also an immigration case around his deportation.
Droubi: The immigration case proceeds. This case has nothing to do with that immigration proceeding. So we proceed. There will be continued litigation in the federal case, which we hope to succeed on as well, to frame this entire engagement in what happened to Mr. Mahdawi as unconstitutional.
Protesters gather outside federal court ahead of a hearing for Mohsen Mahdawi, a legal permanent resident arrested at a Vermont immigration office during an interview about finalizing his U.S. citizenship, on Wednesday, April 23 in Burlington, Vt. Amanda Swinhart/AP hide caption
Fadel: Now the Government is invoking this rarely used immigration act, saying that Martin Maddox's presence in the U.S. would have adverse consequences on U.S. foreign policy. In court they've said that the protests he led stoked antisemitism, that his presence would undermine Middle East peace efforts. But he hasn't been charged with a crime