Judiciary pushes back against Trump deportation regime in Khalil, Öztürk rulings

The New York City Fugitive Operations Team made an arrest of a Dominican national on January 28, 2025, in New York City, as shown in a photo provided by U.S. Immigration and Customs Enforcement.

In a move against Donald Trump’s deportation policies, the judiciary has intervened by instructing officials to take action in the cases involving pro-Palestinian activists. A federal appeals court has directed immigration authorities to transfer detained Tufts University student Rümeysa Öztürk to Vermont within 10 days. Öztürk was apprehended by plainclothes officers in Somerville, Mass., and subsequently transferred to detention centers in Vermont and Louisiana, which was seen as an attempt to place her case in a favorable venue for the Trump administration. Despite not being charged with a crime, Öztürk filed a habeas petition challenging her detention in Vermont. Her lawyers argue that she was arrested for her involvement in a critical article about Tufts’ response to the conflict in Gaza, while the Trump administration accuses her of supporting Hamas.

Despite being held in Louisiana, Öztürk’s petition has progressed. The court’s ruling on Wednesday emphasized the importance of Öztürk attending her hearings over any logistical government concerns. Tricia McLaughlin, a spokesperson for the Department of Homeland Security, stated that the ruling does not halt Öztürk’s detention and that they will continue to pursue the arrest, detention, and deportation of individuals deemed unauthorized to remain in the U.S.

In another deportation case, a federal judge has instructed the Trump administration to clarify their basis for deporting Mahmoud Khalil. Khalil, a former Columbia University graduate student, was arrested by ICE agents in March for participating in pro-Palestine demonstrations at the university. Despite being a permanent U.S. resident, authorities are seeking Khalil’s deportation citing concerns over U.S. foreign policy. District Court Judge Michael Farbiarz has demanded the administration to present all deportation cases conducted under similar justifications by Thursday morning. Farbiarz had previously prevented Khalil’s removal, allowing his claims of free speech violations to be heard in court.