The first hearing of Turkish student Rümeysa Öztürk, who was detained in the USA, was held.

04.04.2025 00:50

The first hearing of the case filed by the lawyers of Rümeysa Öztürk, a doctoral student detained in the United States, questioning the legality of her detention, was held at the Boston Federal Court.

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Rümeysa Öztürk, a PhD student in the USA, was detained by agents of the Immigration and Customs Enforcement (ICE) under the Department of Homeland Security on March 25. Following her detention, Öztürk's lawyers filed a habeas corpus petition (a legal action questioning the legality of detention) in the Boston Federal Court, where the first hearing was held.

ÖZTÜRK PARTICIPATED IN THE HEARING REMOTELY

Öztürk participated in the hearing remotely due to being detained outside the state. Öztürk's lawyers stated that after ICE officials detained their client, they transferred her out of state at midnight, arguing that the transfer was done knowingly and that jurisdiction was undermined.

TRANSFER JUST MINUTES BEFORE THE COURT'S DECISION

The official timeline presented by the government to the court showed that ICE's operation was timed with great precision. Öztürk was detained near her home in Somerville at 5:15 PM local time. At 5:49 PM, she was transported under ICE supervision. At 10:01 PM, Öztürk's lawyer, Mahsa Khanbabai, submitted an emergency petition to the Boston District Court. At 10:28 PM, ICE transported Öztürk to Vermont. At 10:55 PM, Boston District Court Judge Indira Talwani issued a ruling requesting Öztürk to remain in Massachusetts. The next morning at 5:31 AM, a flight was made from Vermont to Louisiana. At 2:35 PM, the flight landed in Alexandria, Louisiana. Öztürk was then transferred to an immigration center in Basile.

SHOULD THE CASE BE HEARD IN MASSACHUSETTS OR VERMONT?

Öztürk's lawyers argued that their client was still under the supervision of the ICE Boston office after being detained, thus claiming that it was legally correct for the case to be filed in Boston. Khanbabai stated, "Öztürk was physically under the control of the Boston ICE field office at the time of her arrest. Therefore, this court has jurisdiction," emphasizing that the transfer process was also under ICE's control. Federal Prosecutor Mark Sauter argued, referencing the "Rumsfeld v. Padilla" decision, that the case should be filed in the area where the detainee is physically located, namely Vermont or Louisiana, stating, "The Massachusetts District Court does not have personal jurisdiction in this case. The case should be heard in Vermont or Louisiana. Additionally, ICE's transfer process is entirely based on routine procedures."

"THE OPPORTUNITY FOR THE LAWYER TO BE INVOLVED IN THE PROCESS WAS DELIBERATELY BLOCKED"

Öztürk's lawyers detailed that ICE deliberately concealed Öztürk's location and did not inform her lawyer, stating, "Öztürk's family and lawyer were unable to learn where she was for approximately 20 hours. ICE carried out the transfer despite the court order. Öztürk could not communicate with her lawyer when she was detained, and she was not given a phone. Although the transfer decision was made before the arrest, the opportunity for the lawyer to be involved in the process was deliberately blocked."

"THE GOVERNMENT IMPLEMENTED A STRATEGY THAT EFFECTIVELY DISABLED CONSTITUTIONAL RIGHTS"

Brett Max Kaufman, a lawyer from the American Civil Liberties Union (ACLU) who participated in the case as one of Öztürk's lawyers, stated, "The government did not just detain a student here; it implemented a strategy that effectively disabled constitutional rights." During the hearing presided over by Judge Denise J. Casper, arguments and legal details lasting over an hour were discussed. Judge Casper listened seriously to the arguments regarding the undermining of jurisdiction while taking a critical approach to the government's timing defense. Judge Casper's statement, "If ICE transferred just minutes before a federal court order, it is a serious abuse of jurisdiction," was recorded in the court documents. Judge Casper indicated that she would announce her decision regarding the jurisdiction issue shortly and adjourned the hearing to a later date.

WHAT HAPPENED?

Rümeysa Öztürk, a PhD student at Tufts University in Massachusetts, was detained by agents of the Immigration and Customs Enforcement (ICE) under the Department of Homeland Security near her home in Boston at around 5:15 PM local time on March 25. Öztürk, who received a Fulbright scholarship and is in her final year of doctoral education, was stopped by agents while leaving her home to go to iftar with her friends, surrounded by six plainclothes ICE officers with their faces covered. Despite her objections, Öztürk was handcuffed and placed in an SUV about two minutes later.

In a statement made by the Department of Homeland Security, it was claimed that Öztürk, a supporter of Palestine, "engaged in activities supporting Hamas," and a spokesperson from the Department of Homeland Security stated that Öztürk was transferred to the ICE Processing Center in Louisiana. The Boston District Court temporarily halted Öztürk's deportation. Öztürk had criticized the university's stance towards the pro-Palestinian movement in a joint article written for the university newspaper in March 2024. The article requested the university to "acknowledge the Palestinian genocide" and called for the administration to sever its ties with Israel.