Federal lawyers and appeal judges had a fierce exchange on Tuesday when lawyers were unable to answer the freedom of speech of detained Tufts University student Rumeysa Öztürk.
Öztürk from Türkiye was arrested by immigration authorities on the streets of the Boston suburbs on March 25.
The Trump administration revoked Öztürk's student visa in late March based on assessments from DHS and ICE.
According to the State Council memorandum, which included a book specifically edited "discovered a common reason, the organization was later temporarily banned from campus and the Bureau of Consular Affairs was immediately approved for revocation."
Last year, Öztürk wrote an op-ed in her student newspaper, which criticized Tufts' reaction to the Gaza war.
At a hearing on the Second Circuit Appeal Circuit in New York City on Tuesday, appeals judge Barrington Parker asked the government if he believed the speeches of Öztürk and Mahdawi were protected.
"We have no position on your honor," said Lieutenant Drew, the Justice Department attorney.
Parker followed up and said, "Help me think. Hold a position."
"I have no right to make these decisions. It's not a live issue at the moment," Ensign replied.
Öztürk arrested the viral video of the show, on the sidewalk, Department of Homeland Security officials and immigration authorities, grabbed her on her wrist, took her to the street as she screamed, and took her to a nearby SUV.
She was held at a Louisiana detention center, thousands of miles from where they lived and arrested in the Boston suburbs, while she was deported.
Her attorney argued that the case should have been transferred to Vermont because it was the last place she was taken to before being transferred to Louisiana. U.S. District Judge William Sessions ordered the move of Öztürk to Vermont earlier this month.
During his detention, Öztürk suffered an asthma attack.
"The detained dormitories were very crowded and other women reported watching mice in the dormitory," she wrote in court documents on Monday. "In addition, the air conditioner was running for most of the day and I couldn't get into the fresh air immediately."
Meanwhile Tuesday, the Second Circuit heard debates over whether they should grant or deny another federal judge’s order to release Columbia University student Mohsen Mahdawi.
Mahdawi, a 34-year-old green card holder, was born and raised in a refugee camp on the West Bank and was detained by Department of Homeland Security agents while undergoing naturalization at Vermont Immigration Department on April 14. He was released on bail last week.
Ensign believes Mahdawi should not be released because it would interfere with the government's ability to execute his dismissal process. Ensign said that if Mahdawi is to remain released, it will bring "technical challenges" and "operating costs" to the government.
Mahdawi's attorney Naz Ahmad quipped that the day after he was released, Mahdawi appeared in a remote appearance using Webex. Ahmed also argued that if Mahadawi was ordered to be detained again, it would relax his speech.
"Freedom is the norm and the government wants to undermine this freedom," Ahmed said.
Mahdawi was the main organizer of the protests in Colombia last year. The Ivy League school became the center of similar demonstrations on university campuses nationwide and caused special anger from the Republican Party on Capitol Hill.
The Trump administration believes his detention is justified, believing that his "existence and activities in the United States will have serious adverse foreign policy consequences and will harm strong U.S. foreign policy interests," DHS informed Mahdawi appeared.
Justice Geoffrey W. Crawford of Vermont Federal District Court ordered Mahdawi to be released from prison last week, comparing today's political climate with the second Red Scar in the 1950s.
"This is not the first time the United States has seen a shocking move by the administration intends to shut down the debate," Crawford said last week.
Last week, Mahdawi spoke in a provocative tone as the court addressed outside the court building last week.
"I mean President Trump and his cabinet are very clear: I'm not afraid of you," he said.