https://arab.news/v77b7
- Judge Patricia Tolliver Giles said she was releasing Khan Suri because she felt he had substantial constitutional claims against the Trump administration
- She also considered the needs of his family and said she didn鈥檛 believe he was a danger to the community
VIRGINIA, USA: A Georgetown scholar from India who was arrested in the Trump administration鈥檚 crackdown on foreign college students was released from immigration detention Wednesday after a federal judge鈥檚 ruling.
Badar Khan Suri, who was being held in Texas, will go home to his family in Virginia while he awaits the outcome of his petition against the Trump administration for wrongful arrest and detention in violation of the First Amendment and other constitutional rights. He鈥檚 also facing deportation proceedings in an immigration court in Texas.
Immigration authorities have detained college students from across the country 鈥� many of whom participated in campus protests over the Israel-Hamas war 鈥� since the first days of the Trump administration.
Khan Suri is the latest to win release from custody, along with Rumeysa Ozturk, a Tufts University student from Turkiye, and Mohsen Mahdawi, a Palestinian student at Columbia University.
Khan Suri was arrested by masked, plain-clothed officers on the evening of March 17 outside his apartment complex in Arlington, Virginia. He was then put on a plane to Louisiana and later to a detention center in Texas.
The Trump administration has said that it revoked Khan Suri鈥檚 visa because of his social media posts and his wife鈥檚 connection to Gaza as a Palestinian American. They accused him of supporting Hamas, which the US has designated as a terrorist organization.
Khan Suri and his wife, Mapheze Saleh, have been targeted because Saleh鈥檚 father worked with the Hamas-backed Gazan government for more than a decade, but before Hamas attacked Israel on Oct. 7, 2023, Khan Suri鈥檚 attorneys say.
According to the US government, Khan Suri has undisputed family ties to the terrorist organization, which he 鈥渆uphemistically refers to as 鈥榯he government of Gaza.鈥欌€� But the American Civil Liberties Union has said that Khan Suri hardly knew the father, Ahmed Yousef.
US District Judge Patricia Tolliver Giles in Alexandria said she was releasing Khan Suri because she felt he had substantial constitutional claims against the Trump administration. She also considered the needs of his family and said she didn鈥檛 believe he was a danger to the community.
鈥淪peech regarding the conflict there and opposing Israel鈥檚 military campaign is likely protected political speech,鈥� Giles said. 鈥淎nd thus he was likely engaging in protected speech.鈥�
The judge added: 鈥淭he First Amendment does not distinguish between citizens and noncitizens.鈥�
Giles acknowledged the Trump administration鈥檚 need to prioritize national security but said that 鈥渨hatever deference may be appropriate, concerns of national security鈥� do not supersede the judiciary.
David Byerley, a Justice Department attorney, had argued against Khan Suri鈥檚 release. He told the judge that Khan Suri鈥檚 First Amendment case is inextricably intertwined with the deportation case in Texas, so he should stay there. He also cited costs of redetaining Khan Suri as a reason to not grant him bail.
After the court hearing, Khan Suri鈥檚 lawyers declared victory and criticized the Trump administration for 鈥渄isappearing鈥� people over their ideas.
鈥淗e should have never had his First Amendment rights, which protect all of us regardless of citizenship, trampled on because ideas are not illegal,鈥� said Sophia Gregg, an ACLU attorney. 鈥淎mericans don鈥檛 want to live in a country where the federal government disappears people whose views it doesn鈥檛 like. If they can do this to Dr. Suri, they can do this to anyone.鈥�
Khan Suri, an Indian citizen, came to the US in 2022 through a J-1 visa, working at Georgetown as a visiting scholar and postdoctoral fellow. He and his wife have three children: a 9-year-old son and 5-year-old twins.
Before his arrest, he taught a course on majority and minority human rights in South Asia, according to court records. The filings said he hoped to become a professor and embark on a career in academia.