A U.S. District Judge has ordered the release of Badar Khan Suri, an Indian researcher and postdoctoral associate at Georgetown University, who was detained over alleged ties to Hamas. Judge Patricia Tolliver Giles ruled on Wednesday that Suri's detention violated his First and Fifth Amendment rights.
Suri, an Indian national studying and teaching at Georgetown on a student visa, was taken into custody by immigration authorities in March. The government justified revoking his visa due to his alleged "close connections" to a Hamas official, claiming he was "actively spreading Hamas propaganda". Suri is married to a U.S. citizen whose father was a government official and advisor in Gaza.
The arrest occurred on March 17, when masked Homeland Security agents detained Suri as he returned to his home in Rosslyn, Virginia, after breaking his fast for Ramadan. Following his arrest, Judge Giles temporarily blocked his deportation.
ACLU Attorney Sophia Gregg argued that Suri's detention infringed upon his constitutional rights and chilled the speech of those protesting the ongoing war in Gaza. Eden Heilman, the ACLU's legal director in Virginia, called the detention an "unprecedented attack" designed to punish students and academics for their views.
The Justice Department argued that only immigration judges could free Suri and that the government had the right to detain him until his removal proceedings were finalized. However, Judge Giles disagreed, stating that she has jurisdiction to free Suri while his habeas proceedings play out in Virginia and his removal proceedings continue. She ordered Suri's release with no bond and no conditions, finding that he was not a flight risk or a danger to the community.
A Georgetown University spokesperson stated that Suri obtained his visa to continue his doctoral research on peacebuilding in Iraq and Afghanistan. The spokesperson added that the university was not aware of him engaging in any illegal activity and supports its community members in the face of difficult, controversial, or objectionable situations.
Homeland Security Assistant Secretary Tricia McLaughlin stated that Suri has close connections to a known or suspected terrorist who is a senior advisor to Hamas. She added that the Secretary of State determined that Suri's activities and presence in the United States rendered him deportable under immigration law. Suri's wife, Mapheze Saleh, stated in a court declaration that she and her husband have no ties to Hamas, despite her father's former role in Gaza's government. Suri's lawyer has argued that Suri is being punished because of his wife's Palestinian heritage and the government's suspicion that they oppose U.S. foreign policy toward Israel.