Written by Ashton Snyder on
 May 8, 2025

Appeals court rules for the transfer of detained student to Vermont

A high-stakes legal battle unfolds as Tufts University doctoral student Rümeysa Öztürk awaits transfer from a Louisiana detention facility amid allegations of political targeting.

According to CNN, the US 2nd Circuit Court of Appeals has mandated the Department of Justice to transfer Öztürk to Vermont by May 14, rejecting the government's attempts to keep her detained in Louisiana. The three-judge panel determined that Vermont was the appropriate venue for hearing her First Amendment claims.

The ruling represents a significant setback for the Trump administration's broader effort to handle cases involving non-citizens detained during Gaza war protests through immigration courts rather than federal district courts.

The government's argument centered on jurisdictional challenges, claiming that immigration courts should have exclusive authority over such cases.

Turkish PhD student faces allegations of Hamas support

Öztürk, a 30-year-old Turkish national, was apprehended by masked federal agents near her Somerville residence in March. Her detention came after she co-authored an opinion piece criticizing Tufts University's response to student demands for divestment from companies with Israeli ties. Within 24 hours of her arrest, she was transported across multiple jurisdictions before landing in a Louisiana immigration facility.

The Department of Homeland Security leveled serious accusations against Öztürk, claiming without presenting evidence that she engaged in activities supporting Hamas. Her case has drawn attention to the broader implications of political expression among international students during times of global conflict.

Appeals court Judges Barrington Parker, Susan Carney and Alison Nathan stated:

To support the Court's resolution of these issues, the Court orders that Ms. Öztürk be physically transferred to ICE custody within the District of Vermont no later than May 14, 2025. The balance of the equities disfavors a stay. Öztürk's interest in participating in her scheduled habeas proceedings in person outweighs the government's purported administrative and logistical costs.

Legal proceedings and government response

The government's appeal aimed to pause Vermont judges' transfer orders, arguing that deportation challenges must be handled in immigration court. Officials expressed concern about potential irreparable harm if prevented from removing individuals they deem ineligible to remain in the United States.

Due to missed deadlines in seeking a stay of the decision, Öztürk will participate virtually in her May 9 bail hearing. The development has frustrated her legal team's efforts to secure in-person representation for their client.

ACLU Speech, Privacy, and Technology Project deputy director Esha Bhandari emphasized:

No one should be arrested and locked up for their political views. Every day that Rümeysa Öztürk remains in detention is a day too long. We're grateful the court refused the government's attempt to keep her isolated from her community and her legal counsel as she pursues her case for release.

Student activism meets immigration enforcement

Öztürk's situation highlights the complex intersection between academic freedom, political expression, and immigration enforcement. The case has sparked discussions about the treatment of international students who engage in political discourse on American campuses.

The Appeals Court's ruling suggests a careful examination of the balance between national security concerns and constitutional protections for non-citizens. The decision emphasizes the importance of proper venue and due process in cases involving First Amendment claims.

Moving forward through legal channels

Rümeysa Öztürk, the Turkish doctoral student at Tufts University, faces transfer from Louisiana to Vermont following a decisive ruling by the US 2nd Circuit Court of Appeals. Her detention, triggered by an opinion piece criticizing Tufts University's stance on Israeli divestment, has evolved into a complex legal battle involving First Amendment rights and immigration law. The upcoming bail hearing in Vermont will determine her immediate future while raising questions about the intersection of political expression and immigration status in academic settings.

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About Ashton Snyder

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