{"id":1127,"date":"2026-07-23T19:06:53","date_gmt":"2026-07-23T19:06:53","guid":{"rendered":"https:\/\/smartmovinghome.com\/?p=1127"},"modified":"2026-07-23T19:06:53","modified_gmt":"2026-07-23T19:06:53","slug":"palestinian-activist-mohsen-mahdawi-faces-threat-of-deportation-again","status":"publish","type":"post","link":"https:\/\/smartmovinghome.com\/?p=1127","title":{"rendered":"Palestinian Activist Mohsen Mahdawi Faces Threat of Deportation \u2014 Again"},"content":{"rendered":"
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Palestinian activist Mohsen Mahdawi, whose arrest by masked and hooded ICE agents when he arrived for his naturalization interview to become a U.S. citizen made national headlines last year, is facing a new deportation threat after a three-judge panel overturned a lower court ruling that had freed him from ICE custody. Mahdawi was involved in pro-Palestine protests at Columbia University, where he was a student, demanding an end to Israel\u2019s genocide in Gaza. He says he is being targeted solely for his advocacy.<\/p>\n

\u201cEnough is enough,\u201d Mahdawi says. \u201cPalestinian people deserve to have safety, freedom and equal rights between the river and the sea, and this government is trying to silence me.\u201d<\/p>\n

\u201cThat is just textbook censorship, and the First Amendment doesn\u2019t allow it,\u201d adds ACLU attorney Nathan Freed Wessler, a member of Mahdawi\u2019s legal team.<\/p>\n

TRANSCRIPT<\/h2>\n

This is a rush transcript. Copy may not be in its final form.<\/em><\/p>\n

AMY GOODMAN:<\/strong> This is Democracy Now!<\/em>, democracynow.org, The War and Peace Report<\/em>. I\u2019m Amy Goodman, with Nermeen Shaikh.<\/p>\n

NERMEEN SHAIKH:<\/strong> We turn now to the case of another Palestinian green card holder and activist born under Israeli occupation who\u2019s also at risk of deportation from the U.S. after speaking out for Palestinian human rights. Mohsen Mahdawi is a Columbia University graduate student. Last year, masked and hooded ICE agents detained him when he appeared for what he believed would be a final naturalization interview in Vermont. He was held for 16 days before a judge ordered his release. Then, on Tuesday, a three-judge federal appeals panel overturned the lower court ruling that had freed Mahdawi from ICE custody. The ruling comes two months after the U.S. Board of Immigration Appeals reinstated deportation proceedings against him.<\/p>\n

AMY GOODMAN:<\/strong> After his release from ICE custody last year, Mohsen Mahdawi returned to Columbia University and graduated with a bachelor\u2019s degree in philosophy. He\u2019s now a graduate student at Columbia. In addition to his Palestine advocacy, Mohsen is also the former president of Columbia University\u2019s Buddhist Association.<\/p>\n

Mohsen Mahdawi joins us now from Vermont. And we\u2019re joined by Nathan Freed Wessler, deputy director of the ACLU\u2019s Speech, Privacy, and Technology Project, one of the legal team representing Mohsen.<\/p>\n

We welcome you both to Democracy Now!<\/em> Mohsen, if you could start off by sharing your reaction to the three-judge panel overturning a lower court ruling that you should be freed from detention? The judge at the time who freed you was defiant, especially when the federal government threatened to arrest you if you crossed state lines. You had to come back to New York to graduate from Columbia. And he said you should be not only allowed to graduate, but talk to anyone you wanted to, etc. But now a federal judge ruling has overturned that decision.<\/p>\n

MOHSEN MAHDAWI:<\/strong> Good morning, Amy and Nermeen, and to your audience.<\/p>\n

This decision is very disappointing and, on a personal level, heart-wrenching, because I put my trust in the court and I continue to believe in the legal and in the court system in America. Nevertheless, I feel still hopeful, optimistic and resolved and determined to achieve justice for myself and for millions of people in this country, whether if they are green card holders or students, international students, whose \u2014 this action actually is chilling their speech and creating more fear among the community, that they know that the government can punish them and arrest them, detain them, and deport them possibly, just because the government disagree with their speech.<\/p>\n

And this is what I\u2019m fighting for. I\u2019m fighting for justice, to be able to speak my truth and to be able to say, \u201cStop the ongoing genocide against my people. Enough is enough. Palestinian people deserve to have safety, freedom and equal rights between the river and the sea.\u201d And this government is trying to silence me, targeting me, like what we heard from Brother Salah Sarsour. Also, solidarity to him.<\/p>\n

NERMEEN SHAIKH:<\/strong> So, Nathan Freed Wessler, you are on Mohsen\u2019s legal team. If you could talk about what this ruling means? And explain what a habeas<\/em> petition is.<\/p>\n

NATHAN FREED WESSLER:<\/strong> Yeah, habeas<\/em> petition is one of the oldest forms of legal process we have \u2014 it dates from the 1200s in England \u2014 as a way to give judges the power to release people from unjust or unconstitutional or illegal detention.<\/p>\n

Immediately after Mohsen was seized by immigration agents last year, his legal team filed a writ of habeas corpus<\/em> in federal court. And within just a couple weeks, a federal judge looked at the case and ordered him released, saying that there was strong reason to believe that this detention was in violation of his First Amendment rights.<\/p>\n

That\u2019s critical, because, otherwise, what the government wants is to be able to hold people, noncitizens, in immigration detention facilities for months or years, while the very slow immigration court process plays out, to silence people by putting them behind bars just because the secretary of state or some other high-level official doesn\u2019t like what they say. That is just textbook censorship, and the First Amendment doesn\u2019t allow it. And it\u2019s critical that judges have the power to get people out of jail in that situation.<\/p>\n

And unfortunately, this panel of an appeals court this week overturned the district court judge\u2019s ruling and said that, actually, federal court judges do not have the power to let people out of detention in this circumstance. Instead, Mohsen and people like him are supposed to go to immigration court before judges who aren\u2019t actually independent judges \u2014 they\u2019re employees of the executive branch \u2014 in a process that takes a very long time.<\/p>\n

AMY GOODMAN:<\/strong> You mean immigration judges.<\/p>\n

NATHAN FREED WESSLER:<\/strong> Immigration judges are, right? Go through that process, and then, at the end of that process, finally see a federal judge and make your First Amendment arguments. That\u2019s just not tenable in a democracy. There\u2019s no way to get back the time that someone has spent locked up in prison in retaliation for their speech.<\/p>\n

NERMEEN SHAIKH:<\/strong> And if you could talk about \u2014 you mentioned the Secretary of State Rubio\u2019s memo last year. If you could explain what specifically it said and what section of the Immigration and Nationality Act it relied on?<\/p>\n

NATHAN FREED WESSLER:<\/strong> Yeah, there\u2019s an old section of federal immigration law that gives the government the power to exclude or deport people who are posing a serious threat to American foreign policy. And that\u2019s what the secretary of state invoked as to Mohsen. But he invoked it based solely on Mohsen\u2019s lawful speech. This two-page memo that the secretary of state signed makes that very clear. It\u2019s only based on his lawful speech, his advocacy, as a student at Columbia University, about the rights of Palestinians and justice in Palestine. That cannot stand next to the First Amendment to the Constitution, which protects everybody\u2019s freedom of speech, including noncitizens. If you\u2019re in the country, you are protected.<\/p>\n

NERMEEN SHAIKH:<\/strong> So, in other words, that is an \u2014 is that explicitly in the Constitution, that First Amendment rights are granted also simply to people who live in the U.S. or people who are U.S. green card holders or people who hold visas?<\/p>\n

Read more House GOP Approves $95B Budget Framework That Pumps More Money Into Iran War<\/a><\/p>\n

NATHAN FREED WESSLER:<\/strong> The First Amendment protects the right of the people, not U.S. citizens. And federal courts, including the Supreme Court, going back well into the last century, have said over and over that that includes noncitizens. And Mosen has been a lawful permanent resident, a green card holder, for more than a decade, right? He is deeply rooted in the United States. If there\u2019s anyone who deserves the protections of this part of the Constitution, it\u2019s someone like Mohsen, who\u2019s part of the community, who\u2019s adding his voice to vital debates of the day.<\/p>\n

AMY GOODMAN:<\/strong> And, Mohsen Mahdawi, can you talk about the day you were taken, when you were at \u2014 I mean, you were beyond green card holder. You were going for final approval to become a U.S. citizen. Can you talk about the day you were called to Vermont and you appeared for that final naturalization interview? And what happened to you there?<\/p>\n

MOHSEN MAHDAWI:<\/strong> This is the message that the government is trying to send to everyone who\u2019s considering to become a citizen, that after you believe in the Constitution and the promise that it has, and when you say, \u201cI believe that. I want to belong to this country. This is the community that I have been in for a while. I rooted here. I created life here\u201d \u2014 and I decided to apply for my citizenship, to become a citizen of this country. And when I was asked if I\u2019m willing to protect and defend the Constitution of this country, by the end of my interview, I was handcuffed, detained and thrown in prison just because I spoke up for Palestine.<\/p>\n

Now, what is ironic is I am still holding up the pledge that I did not take, because everything I am doing right now, fighting in the courts, I\u2019m not fighting only for myself and for my freedom. I\u2019m fighting because I believe in the Constitution of this country, because I believe that the First Amendment is called and named the First Amendment for a reason. It\u2019s not the second. It\u2019s not the third. It protects the pillars of democracy, to be able to express yourself, the freedom of expression. And exactly as Nate has mentioned, I was tested on, basically, a questionnaire that\u2019s provided by the immigration branch, and one of the questions on those tests was \u201cWho has the right to the First Amendment?\u201d And it is stated there, and still there \u2014 I checked it out the other time \u2014 and it says everybody in this country.<\/p>\n

But this is not the only dangerous thing, Amy. I think what I shared is this is a legal error. I\u2019m going to share a bit why, because in the Declaration of the Independence of this country, what they say: the right that all men are created equal, and they have the right to life, liberty and pursuit of happiness. What is the right to liberty is exactly against what is happening right now, which is unjust detention and targeting of me.<\/p>\n

And also think of the other DNA, something baked in the Constitution of this country, which is what Alexander Hamilton established. We\u2019re talking 1788, Article 78, and it\u2019s creating separation between the branches of the judicial branch and the executive branch to prevent abuse of power \u2014 what the government is doing right now, abusing the system of immigration, and we saw that evident. The judge who dismissed my case back, I believe, in March was basically \u2014 was fired by the executive branch. And they see all of these abuses that are taking place. So, this is why it\u2019s dangerous.<\/p>\n

And the last point I want to drive here is habeas corpus<\/em> itself is also in the Constitution. If you check Article I, Section 9, habeas corpus<\/em> is there to protect constitutional rights such as this one. So, this decision is undermining the basic freedoms here. And if they can do it to me, if they can intimidate me, detain me, put me in deportation, throw me in prison, they can do it to anybody in this country. And this is again connecting injustice in this country and injustice in Palestine. It\u2019s the same fight. They\u2019re trying to create different tiers of rights.<\/p>\n

AMY GOODMAN:<\/strong> I want to quickly ask: You were former president of the Columbia Buddhist Association, a Columbia undergrad. When you walked across the graduation line on the stage, we were covering you. Your class, many stood up and gave you a standing ovation as you walked across the stage. Has Columbia spoken up for you?<\/p>\n

MOHSEN MAHDAWI:<\/strong> I think that Columbia has \u2014 it needs, like \u2014 it\u2019s in a situation of unconscious the existence, in terms of administration, not only that the community that knew me acknowledged my contribution and acknowledged Palestinian rights \u2014 that\u2019s why thousands of students at Columbia has protested for Palestinian rights \u2014 but also the whole \u2014 the majority of this country right now sympathizes with Palestine and don\u2019t want to support the Israeli genocide and apartheid.<\/p>\n

So, Columbia has not supported me in any way possible, and not only Columbia, but also the mayor of New York City, who \u2014 it\u2019s heartwarming to see that he is standing against Netanyahu and advocating for his arrest, but at the same time, he has not shared anything about my case. This decision was issued in New York City in the 2nd Circuit to a New York resident. And according to Zohran Mamdani, anyone who lives in New York is a New Yorker and deserves to be free and to live there. And I haven\u2019t heard anything from him. I hope that we can hear something from him about this.<\/p>\n

AMY GOODMAN:<\/strong> I wanted to also ask Nathan Freed Wessler \u2014 the three-judge panel that ruled 3 to 0 to overturn the judge\u2019s decision who released Mohsen, the lead attorney is Debra Livingston. She is a member of the Columbia Law School faculty. She\u2019s a law professor at Mohsen\u2019s university. Your thoughts on this?<\/p>\n

NATHAN FREED WESSLER:<\/strong> Well, I think the \u2014 you know, she and the other two members of the panel have just an incredibly crabbed, narrow understanding of the First Amendment and the right of habeas corpus<\/em>. You know, this case is not over. We\u2019ll be taking it to the full 2nd Circuit. That was a three-judge panel. The full set of judges can overturn that.<\/p>\n

AMY GOODMAN:<\/strong> Twelve judges.<\/p>\n

NATHAN FREED WESSLER:<\/strong> That\u2019s right. And we\u2019ll be going there to make our arguments yet again that without robust access to the federal courts when you\u2019ve been thrown in jail in retaliation for your First Amendment rights, we just cannot have a functioning constitutional system. The judges who ruled this week gave that set of important principles incredibly short shrift, and that\u2019s not the end of the story.<\/p>\n

I think it\u2019s important to acknowledge, too, that, you know, first the federal government came for people speaking out about Palestine, but that\u2019s not where it\u2019s ended, and that\u2019s not where it\u2019s going to end. You know, just a few weeks ago, we learned about a man named Beto Coral, Colombian immigrant, an asylum seeker, who was thrown into immigration detention because the secretary of state didn\u2019t like that he was criticizing a right-wing presidential candidate in Colombia. There\u2019s no \u2014 there\u2019s going to be no end to the kinds of retaliation against protected, core First Amendment political advocacy and speech, if the courts don\u2019t shut it down now.<\/p>\n

NERMEEN SHAIKH:<\/strong> And, Mohsen, just to go back to something that you mentioned earlier, I mean, your family is still living in a refugee camp in the West Bank. And you\u2019ve drawn an analogy between what\u2019s happening to you in the U.S. and what Israel does to Palestinians when they speak up. If you could elaborate on that, and also the fact that when this deportation order was given, you were not going to be deported back to Palestine, but to Jordan?<\/p>\n

MOHSEN MAHDAWI:<\/strong> That\u2019s right, Nermeen. And thank you for the question.<\/p>\n

My family still lives and are under the apartheid system in the West Bank, in a refugee camp, where I was born and raised as a third generation. To this day, since 1948, are not only denied \u2014 my family are not only denied their right of return to their lands, but also they are denied their human \u2014 basic human rights. I lost a number of family members. And I\u2019m talking, since October 7th, four cousins in the West Bank, and in the Second Intifada, I lost my uncle and my two other cousins. I lost my best friend in front of my eyes. And people are still suffering on a daily basis. The settler attacks are intensifying, the military violent occupation. And we heard from Salah Sarsour, who\u2019s roughly the age of my father, so I can imagine my father in his shoes. And to confirm his experience, my father and all of my uncles and most of our male neighbors in the refugee camp were arrested when they were teenagers and kids by the Israeli occupation.<\/p>\n

So, what is this government doing right now, and this administration? One, they are continuing to support the genocide and the apartheid system that Israel is imposing on the Palestinian people. Two, they are coming after everybody who is trying to speak up here for Palestinian rights. And three, they are denying my own identity. When the immigration judge issued a deportation order, a final order of deportation, they did not even acknowledge my identity as a Palestinian, and they said, \u201cHe should be deported to Jordan,\u201d that I have no connection to Jordan whatsoever, except that I traveled to Jordan to come to the United States for the first time in my life, and it was one trip, and that\u2019s it.<\/p>\n

But I want to share to the audience and to everyone: I can be Palestinian. And I will continue to root myself in my Palestinian identity, and I am proud of it. And I can still strive and want to become an American, as much as I feel rooted here in Vermont. We\u2019re like \u2014 I call it, we are like the hemlock trees here. The communities are interconnected, and Vermonters are sweet as the sap of the maple syrup. So, what I want to share with you, that my identity is not for negotiation. And I will continue to speak up, because my family in the West Bank and in Gaza still suffering, and they are in dear, dear need for healing from all of the trauma and pain that the Israeli occupation has caused them.<\/p>\n

AMY GOODMAN:<\/strong> Mohsen Mahdawi, we want to thank you for being with us. We\u2019ll continue to follow your case, Columbia University graduate student, Palestinian activist. And Nathan Freed Wessler, deputy director of ACLU\u2019s Speech, Privacy, and Technology Project.<\/p>\n

Read more Floridians Have Made Resistance to Flock and Data Centers Central to State Politics<\/a><\/p>\n

Coming up, the Israeli American genocide scholar Omer Bartov. Stay with us.<\/p>\n

[break]<\/p>\n

AMY GOODMAN:<\/strong> \u201cWhen First Unto This Country,\u201d Nora Brown and Stephanie Coleman.<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

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