A federal court released Palestinian Columbia University student Mohsen Mahdawi on bail after a judge ordered his release from federal custody on Wednesday, weeks after he was detained by armed Department of Homeland Security agents in Vermont during his U.S. citizenship interview at the Immigration and Naturalization Service.
Mahdawi, a 34-year-old permanent resident of the United States who was born and raised in the Far'a Palestinian refugee camp in the occupied West Bank, was arrested on April 14 and was being held at an Immigration and Customs Enforcement facility, the Northwest Correctional Facility, in St. Albans, Vermont.
“I say it loud and clear to President Trump and his administration: I am not afraid of you,” Mahdavi said Wednesday in a Vermont courtroom after his release.
He added, "What we are witnessing now and what we understand is exactly what Dr. Martin Luther King once said: Injustice anywhere is a threat to justice everywhere." From the bench, Judge Jeffrey W. Crawford ordered Mahdawi released from jail on bail pending a ruling on his habeas corpus petition.
The government asked Judge Crawford to suspend Mahdawi's release from prison for seven days by issuing a stay of execution order, but the judge refused.
Following Wednesday's hearing, Assistant Secretary of Homeland Security Tricia McLaughlin issued a statement saying the judge would not prevent the Trump administration from "restoring the rule of law to our immigration system."
“It is an honor to be granted a visa or green card to live and study in the United States,” she said. “When you advocate violence, glorify, and support terrorists who take pleasure in killing Americans and harassing Jews, that privilege should be revoked, and you should not be in this country.”
The Department of Justice did not immediately respond to a request for comment. US Secretary of State Marco Rubio justified Mahdawi's detention, stating that "his presence and activities in the United States would have serious foreign policy consequences and would jeopardize US foreign policy interests," according to a Department of Homeland Security notice regarding Mahdawi's appearance.
Mahdawi, a green card holder, was a prominent organizer of pro-Palestinian protests at Columbia University last year.
Ahead of the hearing Wednesday morning in Vermont, the government and Mahdawi's lawyers filed several court documents regarding his release, many of which were secretly recorded but which NBC News said it had reviewed.
In opposing Mahdawi's release, the government said law enforcement records indicate Mahdawi admitted to "engaging in and supporting anti-Semitic violence" and "possessing firearms for that purpose," according to court documents reviewed by NBC News.
The government attached two classified documents to its dossier. One piece of evidence, reviewed by NBC News, is a 2015 report from the Windsor, Vermont, Police Department, in which a gun shop owner told officers that Mahdawi "apparently told him" he was building machine guns "to kill Jews while in Palestine." But the shop owner's claim appears weak and fabricated.
In his statement, Mahdawi said he recalled visiting a gun store in Windsor, Vermont, but he was "absolutely certain that I never said the words falsely attributed to me in the report, either in that conversation or ever."
"I am a peaceful person and would never express a desire to harm or kill anyone," he wrote. "I am deeply saddened that these horrific words, which completely contradict my philosophy of life and spiritual beliefs, have been attributed to me."
Speaking to reporters outside the courtroom, Mahdawi's lawyers declared victory over what they described as "government retaliation" against Mahdawi's right to freedom of expression.
"Their claims and actions are baseless, unsubstantiated, and a disgrace to the Constitution of the United States," said Lona Drooby, a partner at Beldock Levine & Hoffman LLP. "We will continue to fight until Mohsen is finally released."
Mahdawi grew up in the Far'a Palestinian refugee camp in the West Bank, where most of his family lives, according to a court filing. When he was 15, he was shot in the leg by an Israeli soldier, according to the filing. He came to the United States more than a decade ago before enrolling at Columbia University in 2021, according to the filing.
The Trump administration has used a similar justification to detain other foreign students, mostly from Middle Eastern countries, who participated in pro-Palestinian protests on college campuses last year or criticized Israel. On March 8, immigration authorities detained Mahmoud Khalil, a Palestinian graduate student at Columbia University who helped lead student protests against the Gaza war on campus last year, at his New York City apartment. On April 11, a judge ruled that the Trump administration could deport Khalil, but Khalil was allowed to appeal the ruling while in US custody.
Similarly, Department of Homeland Security agents arrested Tufts University student Rumeysa Ozturk, who previously co-authored an article on Israel and the war in Gaza, on a suburban Boston street in March.
The two students, Halil Ozturk, remain in custody in Louisiana, where the federal court is complying with the Trump administration's orders.
Outside the courthouse on Wednesday, Mahdawi demanded their release. "Remember, yes, you may think I'm free, but my freedom is tied to the freedom of many other students, including Rumeisa Ozturk and Mahmoud Khalil." Mahdawi also called for an end to the war in Gaza and an end to US aid to Israel.
"We must defend humanity because the rest of the world, not just Palestine, is watching us," Mahdawi said. "And what happens in America will affect the rest of the world.