Key Legal Victory for Tufts Student Detained Over Gaza Essay

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Key Legal Victory for Tufts Student Detained Over Gaza Essay

A federal judge ruled on Friday that Rumeysa Öztürk, a Tufts University doctoral student detained over an essay concerning Israel and Gaza, must be moved back to Vermont while her legal challenges proceed. 

Öztürk, a Turkish national studying in the U.S. on a visa, is currently held at an Immigration and Customs Enforcement (ICE) facility in Louisiana.

U.S. District Judge William K. Sessions III issued the transfer order, citing serious constitutional issues raised in Öztürk’s detention. However, the ruling is temporarily paused for four days to allow the federal government to file an appeal.

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Constitutional Questions Surround Öztürk’s Detention

The Department of Homeland Security has alleged that Öztürk engaged “in activities in support of Hamas,” pointing to an op-ed she co-authored in 2024 for the Tufts student newspaper. 

The piece urged the university to “acknowledge the Palestinian genocide” and criticized its leadership for not responding to student demands to reveal and cut ties with companies linked to Israel. These student government resolutions had drawn campus-wide attention.

Despite these accusations, Judge Sessions declined the government’s motion to dismiss Öztürk’s habeas corpus petition, stating that she “has raised significant constitutional concerns with her arrest and detention.” 

Her legal team has claimed that federal officials are attempting to manipulate the case’s location to sway the outcome in their favor.

“A university op-ed advocating for human rights and freedom for the Palestinian people should not lead to imprisonment,” said her attorney Mahsa Khanbabai. “Our immigration laws should not be manipulated to rip people away from their homes and their loved ones.”

Friday’s decision permits Öztürk to remain in ICE custody in Vermont, where her federal court petition can continue alongside her immigration case in Louisiana. Her attorneys welcomed the decision, calling it a positive step in the battle over due process.

The Department of Justice has not issued any comment on the case.

This development highlights a broader effort by the Trump administration to deport international students involved in activism related to Israel’s military actions in Gaza following the October 7, 2023, Hamas attacks.

Tufts University has publicly supported Öztürk and filed for her release. The school stated the op-ed did not breach its policies and aligned with its commitment to free expression.

“The University has no further information suggesting that she has acted in a manner that would constitute a violation of the University’s understanding of the Immigration and Naturalization Act,” Tufts declared earlier this month.

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