Federal Judge Orders Release of Tufts Student Rümeysa Öztürk from ICE, Citing First Amendment and Due Process Violations

A federal judge in Vermont ordered the release of Rümeysa Öztürk, a Turkish doctoral student at Tufts University, from ICE custody due to due process and First Amendment concerns. Öztürk was detained for over six weeks after her student visa was revoked following her co-authorship of an op-ed critical of Tufts' response to pro-Palestinian activism. The ACLU, representing her, praised the decision as a victory for free speech. Judge William K. Sessions III highlighted the lack of evidence for her detention and the potential chilling effect on free speech for non-citizens.

Judge Cites Lack of Evidence and Chilling Effect on Free Speech

U.S. District Judge William K. Sessions III ruled on Friday, May 9, that Öztürk be released on bail from an ICE detention facility in Louisiana, where she had been held since late March. In his decision, Sessions emphasized that the government had failed to present any evidence justifying her detention beyond her participation in writing a campus newspaper op-ed. The judge found that her arrest raised “significant due process and First Amendment concerns,” and warned that her continued detention could have a chilling effect on the speech of millions of non-citizens in the United States.

“It is unthinkable that a person in a free society could be snatched from the street, imprisoned, and threatened with deportation for expressing an opinion the government dislikes,” Sessions wrote, according to court documents.

The judge also noted that Öztürk, who suffers from asthma, had experienced a medical episode during the virtual bail hearing, further underscoring the urgency of her release.

Arrest and Detention Spark Outcry

Öztürk, 30, was arrested on March 25 by plainclothes ICE agents while walking to dinner in Somerville, Massachusetts. Her student visa had been quietly revoked by the State Department just days earlier, allegedly due to concerns that her public statements “may undermine U.S. foreign policy.” She was initially transported through New Hampshire and Vermont before being flown to a detention center in Louisiana.

The arrest came amid a broader crackdown by the Trump administration on pro-Palestinian student activists. Öztürk had co-authored an op-ed in The Tufts Daily that criticized the university’s response to student demands for divestment from companies linked to Israel and for acknowledgment of the Palestinian genocide. The government later accused her of supporting Hamas, but Judge Sessions found no evidence to support that claim beyond the op-ed.

Legal Battle and Court Orders

Öztürk’s legal team, which includes attorneys from the ACLU of Massachusetts, ACLU of Vermont, CLEAR (Creating Law Enforcement Accountability & Responsibility), and private firm Emery Celli Brinckerhoff Abady Ward & Maazel LLP, filed a habeas corpus petition challenging her detention. Initially filed in Massachusetts, the case was transferred to Vermont, where Öztürk had last been held before being moved to Louisiana.

Judge Sessions had previously ordered the government to return Öztürk to Vermont for her hearing. The government appealed, but the Second Circuit Court of Appeals upheld the order and gave ICE one week to comply. When the government failed to transfer her in time, Sessions proceeded with the bail hearing, which Öztürk attended remotely.

Sessions rejected the government’s request for a stay of his order and instructed ICE to submit proposed conditions for her release. He also stated that he wanted to be notified immediately upon her release.

ACLU and Civil Rights Groups Applaud Ruling

The ACLU and other civil rights organizations welcomed the judge’s decision as a critical affirmation of constitutional protections.

“Spending over six weeks in detention for writing an op-ed is a constitutional horror story,” said Monica Allard, staff attorney with the ACLU of Vermont. “Her release is a victory for everyone committed to justice, free speech, and basic human rights.”

Noor Zafar, senior staff attorney with the ACLU, added, “Today’s ruling underscores a vital First Amendment principle: No one should be imprisoned by the government for expressing their beliefs.”

Sonya Levitova, an attorney with Emery Celli, called Öztürk a “political prisoner” and said her release marked a step toward holding the government accountable.

Tufts University and Community Support

Tufts University expressed support for Öztürk throughout the ordeal. In a statement following the ruling, the university said it was “pleased with the decision” and looked forward to welcoming her back to campus to resume her doctoral studies in child development.

Öztürk’s case galvanized support from across the academic and civil rights communities. Hundreds of letters were submitted to the court from professors, students, and even the university president, attesting to her character and contributions. Outside the federal courthouse in Burlington, Vermont, supporters rallied during the hearing, erupting in cheers when news of her release broke.

Government Response and Ongoing Proceedings

The Department of Homeland Security did not directly address the judge’s ruling but reiterated its stance that student visas are a privilege, not a right. A spokesperson stated that the administration would continue to pursue the detention and removal of individuals deemed to be in violation of immigration laws.

Despite her release, Öztürk still faces potential deportation. Judge Sessions has scheduled further hearings later this month to consider the constitutional issues raised in her case, including whether her detention violated her First Amendment rights.

Öztürk, who has returned to Massachusetts, said she is committed to complying with all court requirements and continuing her studies. “I will follow all the rules,” she told the court during her testimony.

Federal Judge Orders Release of Tufts Student Rümeysa Öztürk from ICE, Citing First Amendment and Due Process Violations

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