Judge orders feds to release Minnesota State student who spoke out about Gaza
A federal judge has ordered the release of a Minnesota State University student from Bangladesh who was arrested by Immigration and Customs Enforcement in March.
Court documents state that on March 28, ICE agents followed the student, Mohammed Hoque, after he left class and arrested him outside his home in front of his parents. At the time of the arrest, he was told his F-1 student visa had been revoked. He has been detained in Albert Lea ever since.
When Hoque’s Student and Exchange Visitor Information System (SEVIS) record was terminated, a message explained that the action was based on provisions of the Immigration and Nationalization Act allowing deportation for failure to maintain status and for “certain foreign policy grounds,” the judge’s order states.
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Court records show Hoque claims there is no reason for him to lose his legal status, and he believes the foreign policy component was due to his support for Palestine.
“Executive Orders and public statements from federal officials indicate that the Government views commentary on Palestinian human rights as a foreign policy threat and a reason to initiate deportation proceedings against international students,” U.S. District Judge Jerry Blackwell wrote.
In his order, Blackwell sided with Hoque’s assertion that he was targeted for First Amendment-protected expression and concluded that federal authorities had deprived him of his Fifth Amendment right to due process.
“Petitioner’s claim is clear: his arrest and detention are being used for punitive purposes, not to advance the lawful purposes of the federal immigration statutes,” the judge wrote.
Further, Blackwell found Hoque’s release was warranted due to pressing medical concerns: Hoque suffers from hernias, and his condition could result in serious complications if he does not receive treatment. The filing notes that Hoque missed a surgical consultation while detained, and he has not been allowed to reschedule.
Blackwell also extended an order enjoining the federal government from moving Hoque out of Minnesota for another two weeks.
Across the country, hundreds of international students have had their legal status revoked as part of a crackdown by the Trump administration — a practice ICE said last month it is reversing after facing a multitude of legal challenges.
Some high-profile ICE arrests have targeted students who participated in pro-Palestinian protests. Others had their visas revoked due to low-level infractions showing up in their criminal history. Detained University of Minnesota student Doğukan Günaydın, for instance, had a DWI on his record.