Federal Court Orders Transfer of Tufts Student Rumeysa Ozturk to Vermont for Rights Hearings Amid Free Speech Concerns

USPolitics05/07 16:31
Federal Court Orders Transfer of Tufts Student Rumeysa Ozturk to Vermont for Rights Hearings Amid Free Speech Concerns

A federal appeals court has ordered the transfer of Rumeysa Ozturk, a Turkish doctoral student at Tufts University, from an ICE detention facility in Louisiana to Vermont. This move allows a federal judge to assess if her arrest and detention violated her constitutional rights. Ozturk, detained for six weeks after co-authoring an op-ed critical of Tufts' response to the Israel-Gaza conflict, faces allegations of supporting Hamas. Her case raises concerns about free speech and the treatment of international students. Hearings are scheduled for May 9 and May 22 in Vermont.

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05/07 16:31

Federal Court Orders Transfer of Tufts Student Rumeysa Ozturk to Vermont for Rights Hearings Amid Free Speech Concerns

A federal appeals court has ordered the transfer of Rumeysa Ozturk, a Turkish doctoral student at Tufts University, from an ICE detention facility in Louisiana to Vermont. This move allows a federal judge to assess if her arrest and detention violated her constitutional rights. Ozturk, detained for six weeks after co-authoring an op-ed critical of Tufts' response to the Israel-Gaza conflict, faces allegations of supporting Hamas. Her case raises concerns about free speech and the treatment of international students. Hearings are scheduled for May 9 and May 22 in Vermont.

Arrest and Detention

On March 25, 2025, Rumeysa Ozturk, a 30-year-old Ph.D. candidate researching child development at Tufts University and a former Fulbright scholar, was arrested by plainclothes ICE agents near her home in Somerville, Massachusetts. According to court documents, she was not informed in advance that her student visa had been revoked. After her arrest, she was transported across state lines—from Massachusetts to New Hampshire and Vermont—before being flown to a detention center in Basile, Louisiana.

Ozturk’s legal team, which includes attorneys from the American Civil Liberties Union (ACLU), CLEAR at CUNY School of Law, and private counsel, argues that her detention was retaliatory and unconstitutional. They claim it was triggered by an op-ed she co-authored in The Tufts Daily in 2024, which criticized the university’s response to student activism related to the war in Gaza and called for divestment from companies linked to Israel.

Legal Proceedings and Jurisdictional Dispute

Ozturk’s attorneys initially filed a habeas corpus petition in federal district court in Massachusetts, challenging her arrest and detention as violations of her First and Fifth Amendment rights. The case was later transferred to the U.S. District Court in Vermont, as Ozturk was physically in that state at the time the petition was filed.

The Department of Justice sought to dismiss the petition, arguing that the Vermont court lacked jurisdiction because Ozturk was confined in Louisiana. However, U.S. District Judge William Sessions ruled that Ozturk must be transferred to ICE custody in Vermont by May 1, 2025, and scheduled a bail hearing for May 9, followed by a hearing on the merits of her habeas petition on May 22.

Despite the court order, the government moved Ozturk from Vermont to Louisiana the following morning. The Second Circuit Court of Appeals in New York reviewed the case and, on May 7, upheld the Vermont court’s order, giving the government until May 14 to transfer Ozturk to Vermont.

Conditions in Detention

Since her arrival at the Louisiana facility, Ozturk has reportedly endured harsh conditions. She has been confined in a crowded room with 23 other women, poor ventilation, and exposure to asthma triggers such as insect and rodent droppings. According to court filings, her asthma attacks have worsened in both frequency and severity, with some lasting up to 45 minutes.

Her legal team has emphasized that these conditions not only endanger her health but also hinder her ability to participate in her legal defense. They argue that her remote detention in Louisiana, far from her legal counsel and academic community in Massachusetts, is a deliberate attempt to isolate her.

Allegations and Government Response

The Department of Homeland Security has alleged—without publicly providing evidence—that Ozturk engaged in activities supporting Hamas, a U.S.-designated terrorist organization. These claims have been cited as justification for revoking her visa and detaining her. However, Ozturk’s attorneys maintain that the government’s actions are based on her political speech and are an attempt to suppress dissent on U.S. campuses.

The Justice Department has insisted that the immigration court in Louisiana has jurisdiction over her case and has opposed her transfer to Vermont. It also claimed that the decision to detain her in Louisiana was due to a lack of available detention space in the Northeast, a claim disputed by a Massachusetts federal judge who noted that beds were available in Maine.

Broader Context and Legal Significance

Ozturk’s case is one of several involving international students detained under the Trump administration’s immigration enforcement policies. Her situation has drawn national attention, particularly among advocates for campus free speech and immigrant rights. Legal experts have noted that challenging deportation is significantly more difficult in Louisiana, where appeals are heard by the conservative Fifth Circuit Court of Appeals, compared to Vermont, which falls under the more moderate Second Circuit.

The Second Circuit’s ruling affirms that the Vermont district court is the appropriate venue to adjudicate Ozturk’s habeas petition. The panel emphasized that Ozturk is not seeking to disrupt removal proceedings and can attend immigration court hearings remotely from Vermont.

Upcoming Hearings

With the appeals court’s decision now in place, Ozturk is expected to be transferred to Vermont by May 14. A bail hearing is scheduled for May 9, where the court will consider whether she should be released while her case proceeds. A separate hearing on the merits of her constitutional claims is set for May 22.

Her legal team continues to argue that her detention is not only unlawful but also punitive, aimed at silencing her political expression. They have vowed to continue fighting for her release and return to her academic work at Tufts University.

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