Federal Judge Orders Release of Tufts Student Detained for Gaza War Op-Ed, Citing First Amendment Violations

A federal judge in Vermont ordered the release of Rümeysa Öztürk, a Turkish doctoral student at Tufts University, detained for over six weeks in a Louisiana immigration facility. Judge William K. Sessions ruled her detention violated First Amendment and due process rights, with no evidence of criminal activity. Öztürk was arrested after co-authoring an op-ed critical of Israel's Gaza campaign. Her case highlights the Trump administration's crackdown on foreign-born, pro-Palestinian activists. The ruling underscores the constitutional rights of non-citizens and challenges the misuse of immigration enforcement to suppress dissent.

Judge Cites Lack of Evidence and Constitutional Violations

In a strongly worded ruling on Friday, Judge Sessions declared that Öztürk’s “continued detention cannot stand,” emphasizing that the government had failed to present any credible evidence of wrongdoing. “There is no evidence here,” Sessions said, “other than the op-ed.” The judge noted that Öztürk posed no danger to the community and was not a flight risk, citing her academic commitments and worsening asthma condition as further justification for her release.

Sessions also underscored the broader implications of the case, warning that Öztürk’s detention “potentially chills the speech of the millions and millions of individuals in this country who are not citizens.” He concluded that the government’s actions constituted a “continued infringement” on her constitutional rights.

Arrest and Detention Spark Outrage

Öztürk, 30, was arrested on March 25 by masked, plainclothes Immigration and Customs Enforcement (ICE) agents near her home in Somerville, Massachusetts. Surveillance footage of the arrest, which occurred shortly after a Ramadan celebration, showed her being handcuffed and placed into an unmarked vehicle. She was initially taken to Vermont and then transferred to a detention center in Louisiana, more than 1,500 miles from her academic and legal support network.

The government revoked her student visa without prior notice, citing her co-authorship of a 2024 opinion piece in The Tufts Daily that criticized the university’s response to the war in Gaza and called for divestment from companies linked to Israel. The Department of Homeland Security (DHS) alleged that Öztürk’s activism created a “hostile environment for Jewish students” and claimed she had engaged in activities “in support of Hamas,” a U.S.-designated terrorist organization. However, no evidence was presented in court to substantiate these claims.

Legal and Medical Testimony Undermines Government Case

During the hearing, Öztürk appeared via video from the Louisiana facility, wearing an orange jumpsuit and a hijab. She testified about her worsening asthma, which had led to 12 attacks during her detention, including one during her transfer through Atlanta. Dr. Jessica McCannon, a pulmonologist at Massachusetts General Hospital, confirmed that Öztürk’s condition had “worsened significantly” due to the stress and environmental triggers in the detention center.

Öztürk also spoke about her academic work, which focuses on child development and community engagement in war zones. She expressed her desire to return to her studies and resume teaching at Tufts. The university has offered to provide her housing, and her legal team assured the court that she would attend all future hearings.

Political and Institutional Support

Öztürk’s case has drawn widespread support from civil rights organizations, lawmakers, and the academic community. Nearly two dozen Tufts colleagues submitted affidavits on her behalf, describing her as a dedicated scholar and community organizer. “Rümeysa is just best described as a sweet, caring soul,” said Najiba Akbar, a former Muslim chaplain at Tufts. “She might appear shy, but she also has a boldness about her.”

Members of the Massachusetts congressional delegation, including Senators Ed Markey and Elizabeth Warren and Representatives Ayanna Pressley and Jim McGovern, visited Öztürk in detention and condemned her arrest. “Let us be clear: Rümeysa should have never been abducted off the streets of Somerville, had her visa revoked, and been moved to a detention site more than 1,500 miles away, all in violation of her constitutional rights,” they said in a joint statement.

Broader Context: Crackdown on Pro-Palestinian Activism

Öztürk’s detention is part of a broader pattern under the Trump administration, which has increasingly used immigration enforcement to target foreign-born students and academics involved in pro-Palestinian advocacy. At least 11 other individuals, many of them Muslim and on student visas, have been detained under similar circumstances.

The administration has invoked a little-known provision of the 1952 Immigration and Nationality Act, which allows the deportation of individuals deemed to “adversely affect U.S. foreign policy interests.” Critics argue that this provision is being misused to suppress dissent and punish political speech.

In Öztürk’s case, the government’s reliance on a single op-ed as justification for revoking her visa and detaining her has raised alarm among civil liberties advocates. “Spending over six weeks in detention for writing an op-ed is a constitutional horror story,” said Monica Allard, a staff attorney with the ACLU of Vermont. “Her release is a victory for everyone committed to justice, free speech, and basic human rights.”

A Legal Precedent and a Personal Victory

Judge Sessions’ ruling not only grants Öztürk her freedom but also sets a significant legal precedent in the ongoing debate over the constitutional rights of non-citizens. “No one should be imprisoned by the government for expressing their beliefs,” said Noor Zafar, senior staff attorney with the ACLU. “Today’s ruling underscores a vital First Amendment principle.”

Öztürk’s legal team, including attorneys from the ACLU and CLEAR, vowed to continue fighting the deportation proceedings. “The government sent masked, plainclothes agents to kidnap Rümeysa off the street and lock her up for writing an op-ed,” said Sonya Levitova, an associate at Emery Celli Brinckerhoff Abady Ward & Maazel LLP. “Now that she’s free and can resume her studies and rejoin her community at Tufts, we look forward to seeing the government in court to vindicate Rümeysa’s rights in full.”

As Öztürk prepares to return to Massachusetts, her case remains a stark reminder of the fragile state of civil liberties for non-citizens in the United States. Her release, while a personal relief, also signals a judicial rebuke of efforts to criminalize political expression under the guise of immigration enforcement.

References

• Federal judge in Vermont orders release of Tufts student, citing 'no evidence' of crime
• Rümeysa Öztürk To Be Freed From Detention as Case Proceeds | American Civil Liberties Union
• Tufts University student Rumeysa Ozturk ordered released from ICE detention
• Tufts student Rümeysa Öztürk ordered freed from immigration detention
• Turkish Tufts University student Rumeysa Ozturk to be released on bail