美国第二巡回上诉法院推翻了下级法院的释放裁定，为重新逮捕和驱逐哥伦比亚大学学生活动人士Mohsen Mahdawi铺平了道路[1][2]。
Mahdawi于2015年成为美国合法永久居民，出生于以色列占领的约旦河西岸难民营[1]。2025年4月，他在申请公民身份的面试中被移民部门逮捕，原因涉及其批评以色列和抗议加沙战争的言论[1]。两周后，一名佛蒙特州联邦法官下令将其释放[1][2]，该法官曾将政府驱逐这名活动人士的努力与麦卡锡主义镇压相提并论[2]。
第二巡回上诉法院认定下级法官超越了权限，在移民法庭程序完全完成前进行过度干预[1][2]。上诉法院的这一决定使特朗普政府得以继续其驱逐行动。该政府过去一年多一直试图遣返Mahdawi和其他批评以色列的活动人士[1]。
美国公民自由联盟代表Mahdawi辩称政府无法在上诉进行期间拘留或驱逐其委托人[1]。Mahdawi本人称该决定为"严重挫折"，指政府获得了"在没有有意义制约下恐吓、审查和惩罚异议的权力"[1]。
美国第二巡回法院预计将就另一名学生Rumeysa Ozturk的案件发布单独裁定[1]。
The U.S. Court of Appeals for the Second Circuit has overturned a lower court's decision to release Mohsen Mahdawi, a pro-Palestinian activist and Columbia University student, clearing the way for his re-arrest and deportation proceedings [1][2]. The appellate panel determined that the federal judge had exceeded his authority by intervening in a case still being processed through immigration court [1][2].
Mahdawi, who became a lawful permanent resident of the United States in 2015 and was born in a refugee camp in the Israeli-occupied West Bank, was arrested by immigration officials in April 2025 during a citizenship interview [1]. He was detained for two weeks before being released by the lower court judge, who had compared the government's deportation efforts to McCarthyist persecution [2].
The Trump administration has spent over a year attempting to remove Mahdawi and other activists who have criticized Israel and protested the war in Gaza [1][2]. The appellate court ruled that the district judge had improperly intervened before immigration court proceedings were fully completed [1].
The American Civil Liberties Union, which represents Mahdawi, has argued that the government cannot detain or deport him while an appeal is ongoing [1]. Mahdawi characterized the ruling as a "serious setback," stating that the government had gained "the power to intimidate, censor, and punish dissent without meaningful constraints" [1].
The Second Circuit is expected to issue a separate ruling in the case of another student, Rumeysa Ozturk [1].