LOS ANGELES (AP) — Attorneys for Sami Hamdi, being held by U.S. Immigration and Customs Enforcement in California, are challenging his detention in court, his legal team said Wednesday.
Hamdi, who is Muslim, was detained Sunday by ICE officers at San Francisco International Airport, according to federal officials. His lawyers say the arrest was triggered by his criticism of the Israeli government, while U.S. officials have pointed to comments he made after Hamas’ Oct. 7, 2023, attacks, which they claim celebrated the violence.
The detention was the latest in broader efforts by the administration to identify and potentially expel thousands of foreigners in the United States who it says have either fomented or participated in unrest or against Israel’s military operations in Gaza.
Those enforcement actions have been criticized by civil rights groups as violations of constitutional protections for freedom of speech, which apply to anyone in the United States and not just to American citizens.
Lawyers with the the Council on American-Islamic Relations, who are representing Hamdi, on Tuesday filed a writ of habeas corpus demanding that the government justify why he is being held, the council said.
In addition, they asked a judge to issue a temporary restraining order seeking a bond hearing and blocking Hamdi’s removal from the U.S. while the case is adjudicated.
“If the government can cancel a valid visa because it does not like what a person says, then anyone legally visiting, studying, or working in our country is in danger of politically motivated abduction,” the group said in a statement. “This must end with Sami Hamdi.”
The advocacy group said Hamdi, 35, was detained in response to his vocal criticism of the Israeli government during a U.S. speaking tour. On Saturday, he had addressed the annual gala for the group’s Sacramento, California, chapter. Hamdi was scheduled to speak at the group’s event in Florida on Sunday.
Department of Homeland Security spokesperson Tricia McLaughlin called Hamdi’s court filings “a desperate Hail Mary attempt to keep an illegal alien and terrorist sympathizer” in the U.S.
“Following the Oct. 7 terror attack, Sami Hamdi cheered on Hamas: ‘How many of you felt it in your hearts when you got the news that it happened? How many of you felt the euphoria? Allah Akbar!’” McLaughlin said in a statement Wednesday, apparently citing comments Hamdi made in a video posted online shortly after Hamas’ attack.
“Under President Trump, those who support terrorism and undermine American national security will not be allowed to work or visit this country,” McLaughlin said. “That’s just common sense.”
Critics accuse Hamdi of celebrating Hamas’ attacks in the online video. He has denied that he was praising the attacks, saying he meant the violence was “a natural consequence of the oppression that is being put on the Palestinians.”
ICE said Sunday that Hamdi entered the U.S. on Oct. 19 on a visitor visa, which was revoked on Oct. 24, and he was placed in immigration proceedings for removal.
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