Judge orders detained Tufts student to be transferred from Louisiana to Vermont

CNN
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A federal judge on Friday ordered Rümeysa Öztürk, a Tufts University international doctoral student held in immigration custody in Louisiana to be returned to Vermont by next month where she will remain detained, pending a bail hearing.

The decision, written by Vermont federal district judge William Sessions III, marks the first time a judge has ordered the federal government to return a detained student back to the vicinity of their home district from Louisiana – where a handful of detained students have been transferred as part of the Trump administration’s immigration crackdown.

Öztürk, a Turkish national was taken into custody by masked federal agents not far from her home near the Somerville campus of Tufts University in Massachusetts last month.

“The Court further finds that Ms. Öztürk has raised significant constitutional concerns with her arrest and detention which merit full and fair consideration in this forum,” Sessions wrote.

Sessions’ order directs the government to transfer Öztürk to Immigration and Customs Enforcement custody “within the district of Vermont” no later than May 1. Sessions is expected to hold a hearing to release Öztürk on bail following the transfer.

Sessions’ decision deals a loss to Trump’s Department of Justice which has sought to transfer cases to Louisiana where student activists are currently detained.

In his order, Session pointed out the government has yet to provide any evidence to substantiate their allegations against Öztürk.

“In support of her First Amendment claim, she has submitted evidence to show that the actions against her were retaliatory, as the only identifiable conduct supporting her detention is her coauthoring of a Tufts University op-ed,” Sessions wrote. “The government has submitted no evidence to counter her First Amendment claim.”

After her arrest, Öztürk was moved across multiple jurisdictions, according to court documents and her attorneys. As she was moved to New Hampshire and then Vermont, she was kept from contacting her attorneys who could not determine where she was being held, according to her attorneys. After a day of travel, Öztürk was put on a plane and moved to the ICE detention center in Basile, Louisiana, where an immigration judge denied her request for bond this week.

The PhD student has not been charged with any crime. Öztürk has been accused of being a terrorist sympathizer by the Trump administration, which so far has only pointed to an op-ed written by her and other students where they were critical of Tufts University’s response to the Israel-Hamas war last year.

Sessions also ruled that the federal court in Vermont has jurisdiction to hear Öztürk’s case because it was the last place she was held in custody before immigration officers transferred her to Louisiana.

Attorneys for the Department of Justice had argued the case should be dismissed and transferred, saying the immigration court – not Vermont – had jurisdiction.

Öztürk’s attorneys filed multiple motions following her arrest, including a habeas petition challenging the legality of her detention, saying her arrest is retaliatory and violates the First Amendment. They also filed a motion seeking her release on bail or to have her transferred back to the district in Vermont.

“With this ruling, a federal court has rightfully reaffirmed that Rümeysa Öztürk’s case belongs in Vermont — significantly closer to her friends, community, and counsel,” Jessie Rossman, legal director of ACLU of Massachusetts, which is representing Öztürk said in a statement. “At the same time, the judge sent a clear message that any attempt to manipulate the judiciary is simply wrong. Judge Sessions held that the government’s removal of Rümeysa from Vermont to Louisiana violated the spirit of the emergency order from the federal court in Massachusetts. This is a crucial step for upholding the rule of law in our country.”