The Vermont judge who on Wednesday ordered the release of a Columbia University student arrested by Immigration and Customs Enforcement gave a grave warning about the Trump administration’s McCarthyist crackdown on free speech.
In his sharply worded 29-page decision ordering Mohsen Mahdawi’s release, Judge Geoffrey Crawford wrote that in addition to the fact that the graduate student was not a flight risk and presented no danger to his community, the judge had also considered the “extraordinary setting” in which his arrest was made in the ruling.
Legal residents—not charged with crimes or misconduct—are being arrested and threatened with deportation for stating their views on the political issues of the day,” Crawford wrote. “Our nation has seen times like this before, especially during the Red Scare and Palmer Raids of 1919-1920 that led to the deportation of hundreds of people suspected of anarchist or communist views.”
He referred to judicial decisions that had helped bring “an end to the moral panic that gripped the nation and its officials.”
“Similar themes were sounded during the McCarthy period in the 1950s when thousands of non-citizens were targeted for deportation due to their political views,” he said, referring to a 1950 Supreme Court dissent that condemned the “menace to free institutions” presented by such cases.
“The wheel of history has come around again, but as before these times of excess will pass. In the meantime, this case … is extraordinary in the sense that it calls upon the ancient remedy of habeas to address a persistent modern wrong.”
Crawford presented a strong defense for Mahdawi’s speech, writing that “even if he were a firebrand, his conduct is protected by the First Amendment.
“The court is aware that he has offended his political opponents and apparently given rise to concerns at the State Department that he is an obstacle to American foreign policy. Such conduct is insufficient to support a finding that he is in any way a danger as we use that term in the context of detention and release,” Crawford added.
Mahdawi, who had committed the heinous crime of activism and founded Columbia University’s Palestinian Student Union, offered a sharp condemnation of the very kind of antisemitism of which he stood accused, during an interview on CBS News’s 60 Minutes in December 2023. Secretary of State Marco Rubio has repeatedly invoked vague “antisemitic activities” as justification for the arrests of several students who have committed no crimes and whom the government hopes to deport.
Green card holder Mahmoud Khalil, who missed the birth of his child while being detained in Louisiana; Tufts University student Rumeysa Ozturk, who was detained over an op-ed, even though the State Department determined that the Trump administration had no evidence linking her to antisemitic activity; and Georgetown scholar Badar Khan Suri, who is now held in a Texas detention center, all remain in custody.
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