An immigration judge has ruled that a Palestinian activist, at the center of controversy surrounding protests at Columbia University, will not be deported from the United States. The decision, delivered by Judge Nina Froes on February 13th, hinged on a critical flaw in the government’s case: a lack of verifiable evidence.
The Department of Homeland Security (DHS) attempted to demonstrate Mohsen Mahdawi’s potential removability, relying partly on a memorandum allegedly signed by Secretary of State Marco Rubio. However, Judge Froes determined the document’s authenticity had not been established, fatally undermining a key component of the government’s argument.
Consequently, the government failed to meet the required legal standard of proof. This ruling builds upon a prior decision that led to Mahdawi’s release from immigration custody last April, a case currently under review by the U.S. Court of Appeals for the Second Circuit in New York.
Mahdawi, 34, was initially detained during a routine citizenship appointment in Vermont, spending over two weeks in custody before being released on bail. A federal judge subsequently issued an order preventing his deportation or removal from the state, a significant victory for his legal team.
The case gained prominence following the October 7th, 2023, Hamas attack, after which Mahdawi co-founded the Palestinian Student Union at Columbia University alongside Mahmoud Khalil. This group quickly became a focal point for pro-Palestinian demonstrations on campus.
However, the deportation proceedings also stemmed from allegations dating back to 2015. The FBI interviewed Mahdawi after reports surfaced of antisemitic remarks made at a Vermont gun store and a firearms museum.
The gun store owner alleged Mahdawi expressed interest in purchasing high-powered weapons, including a sniper rifle and an automatic weapon, and claimed he had prior experience building submachine guns “to kill Jews” while in Palestine. A similar statement, reportedly expressing a desire “to kill Jews,” was alleged to have been made at the Windsor museum.
Mahdawi vehemently denies making these statements or harboring violent intentions. His defense team maintains that a thorough federal investigation uncovered no evidence to support the accusations leveled against him.
Following the judge’s decision, Mahdawi expressed gratitude for the ruling, stating it affirmed the importance of due process and the right to speak out for peace and justice. He believes his detention was a direct result of his vocal opposition to the ongoing conflict and the situation in Palestine.
Mahdawi characterized his experience as an attempt to silence dissent, emphasizing his commitment to advocating for Palestinian rights. He views the court’s decision as a crucial step in protecting those fundamental freedoms.
