A New York-based federal appeals court has ordered Donald Trump’s administration to transfer Tufts University scholar Rumeysa Ozturk from an immigration detention center in Louisiana to Vermont.
The case of Ozturk, a Turkish international student and former Fulbright scholar working towards her doctorate in child development, is among several high-profile cases at the center of the Trump administration’s targeting of international students for their advocacy for Palestine during Israel’s war in Gaza.
In March, Ozturk’s visa was revoked and she was arrested and detained by plain-clothes federal agents outside her apartment in Massachusetts in what her lawyers argue is a retaliatory attempt to deport her over an op-ed she wrote in a student newspaper.
The government has one week to transfer her, according to Wednesday’s order, which arrived less than 24 hours after a hearing in which government attorneys failed to say whether they even agree with the administration’s position that her pro-Palestine speech is not constitutionally protected.
Appellate Judge Barrington Parker, who was appointed by George W. Bush, pressed Department of Justice attorney Drew Ensign on whether Ozturk’s statements — and statements from another international student who was arrested for support for Palestine — amount to protected speech.
“Your honor, we haven’t taken a position on that,” Ensign replied.
“Help my thinking. Take a position,” Parked fired back.
“I don’t have authority to take a position,” Ensign said.
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“She has been held behind bars for six weeks while her health deteriorates for writing an op-ed,” she told a three-judge appeals court panel Wednesday. “Detention is not the norm with respect to visa revocation, as we had here. The executive branch made a specific decision to detain Ms. Ozturk that was motivated by her speech.”
