A federal judge has ruled in favor of Rümeysa Öztürk, a Turkish national and Fulbright scholar, in a case regarding her detention and potential deportation. The ruling comes after Öztürk was arrested in March for allegedly expressing antisemitic views. The judge ordered her to be transferred to ICE custody in Vermont, rejecting the government’s request to dismiss the case or transfer it to a more favorable venue in Louisiana. The judge also criticized the government for ignoring a previous court order related to the case.
Öztürk’s lawyers argued that her deportation would violate her First Amendment right to free speech and her detention violates her rights to due process. The judge agreed, stating that the government has not provided sufficient evidence to justify her arrest based on a pro-Palestinian op-ed she coauthored. The judge also highlighted that Öztürk’s op-ed did not violate any university policies and was protected speech.
The ruling has been praised by the American Civil Liberties Union, calling it a crucial step in upholding the rule of law. Öztürk’s case has raised jurisdictional questions about where it should be heard, in an immigration court or a federal district court. The judge’s decision to transfer the case to Vermont is seen as a victory for Öztürk, as it brings her closer to her community and legal counsel. The ruling also serves as a rebuke to the government’s attempts to manipulate the judicial process.
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