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Tipsheet

Immigration Judge Blocks DHS Effort to Deport Student for Criticizing Israel

Immigration Judge Blocks DHS Effort to Deport Student for Criticizing Israel
AP Photo/Angelina Katsanis

A federal immigration judge has blocked the Trump administration’s effort to deport Rümeysa Oztürk, a Turkish student at Tufts University who Immigration and Customs Enforcement (ICE) arrested early last year.

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Court filings show that Judge Roopal Patel found that the Department of Homeland Security (DHS) failed to show that it can legally remove Oztürk from the United States, according to CNN. His ruling terminates the White House’s case against the student.

Oztürk’s arrest stemmed from a broader effort to arrest and deport foreign students and activists who have either criticized Israel or actively supported terrorist group Hamas. 

The student’s legal team filed a letter with the 2nd U.S. Circuit Court of Appeals that showed Judge Patel noted that the government could not point to a valid justification for deporting her. The American Civil Liberties Union (ACLU), which represents Oztürk, said the ruling disproves the Trump administration’s theory that it can use its authority to revoke visas and detain noncitizens over political speech.

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Oztürk’s attorneys argued that if under the government’s interpretation of the law, DHS could detain any noncitizen “in retaliation for her speech” which would threaten the First Amendment.

The case began in March 2025 when masked ICE agents apprehended her close to her home in Somerville, Massachusetts. The State Department revoked her F-1 student visa. The authorities then shuffled her through multiple detention facilities and held her for about six weeks before another federal judge ordered her release over “significant constitutional concerns.”

The Trump administration defended its actions, arguing that Oztürk had “engaged in activities supporting Hamas” and that her conduct threatened U.S. foreign policy by creating a dangerous environment for Jewish students. However, it did not provide evidence that the student actively supported Hamas or threatened Jewish students.

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DHS’ primary justification for targeting Oztürk was an op-ed she co-wrote in a Tufts student publication that criticized the university over its approach to the war in Gaza. The op-ed called for the school to divest from companies with ties to Israel and to support the rights of Palestinian civilians.

The State Department issued a memo that referred to the op-ed and Oztürk’s alleged connection to an activist group that had been temporarily banned from campus as justification for her arrest.

At the moment, the judge’s decision means DHS cannot deport Oztürk. However, the battle might not be over as the agency can still appeal the ruling to the Board of Immigration Appeals. The Justice Department is already pursuing a separate appeal of a district court decision that criticized the administration’s efforts to deport noncitizens who speak against Israel.

It is not yet clear whether DHS will actually appeal the ruling in Oztürk’s case.

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