(COLCHESTER) On April 14, 2025, Mohsen K. Mahdawi, a Palestinian student and protest organizer at Columbia University, arrived at the local U.S. Citizenship and Immigration Services (USCIS) office for a naturalization interview after 10 years in the United States 🇺🇸. He was detained by U.S. Immigration and Customs Enforcement (ICE) inside the building and placed in deportation proceedings. His attorney, Luna Droubi, said he was “unlawfully detained… for no reason other than his Palestinian identity.” According to case filings, the government is relying on a rarely used foreign policy authority, attributed to Secretary of State Marco Rubio, to justify his removal.
Mahdawi’s arrest inside a USCIS site in Colchester, Vermont, drew immediate attention from campus circles and beyond. Students and faculty who followed his leadership in protests against Israel’s war in Gaza say the timing sends a message that political speech may trigger immigration penalties. The response reached across borders: Israelis who oppose the Gaza campaign joined Palestinians and human rights groups in calling for his release, viewing the case as a test of free expression for noncitizens.

Mahdawi’s lawyers filed a habeas corpus petition challenging the detention, arguing violations of statutory and due process rights and stating the government is punishing protected speech about Palestine and Israel. The petition contests the legal basis for holding a lawful permanent resident who appeared for a routine step in the citizenship process. As of August 28, 2025, the case remains active, with supporters pressing for his parole and a full hearing on the merits.
Parallel Case: Mahmoud Khalil
A second case has unfolded along similar lines. Mahmoud Khalil, also a Palestinian activist and green card holder, was arrested by ICE in March 2025 in New York City. He is married to a U.S. citizen and helped organize pro-Palestinian demonstrations as a student at Columbia University.
Key developments in Khalil’s case:
– In May 2025, an immigration judge in Louisiana found Khalil deportable based on Secretary Rubio’s assertion that his presence carries “adverse foreign policy consequences.”
– Attorneys say the judge reached that finding without reviewing the evidence behind the Secretary’s assertion.
– Khalil’s legal team sought asylum and argued his detention lacked a valid warrant.
– The government is seeking to deport him to Algeria or Syria.
– His attorneys submitted more than 600 pages of records and expert assessments to show he is not antisemitic and that removal could expose him to torture or death.
At home, life changed quickly: Khalil’s wife, Dr. Noor Abdalla, gave birth to their son in April 2025. Advocates worked with the detention center to allow the family to meet without a plexiglass barrier.
Broad Support and Unusual Framing
Support for both men spans communities that do not always agree on Middle East politics. Some Israeli academics and peace activists issued letters urging fair treatment and condemning punishment of campus speech. Their involvement underscores the unusual nature of the government’s approach: targeting green card holders at or soon after immigration appointments and framing the cases around a foreign policy claim rather than allegations of specific acts of violence or material support to a banned group.
Obscure Foreign Policy Provision at Center of Cases
At the heart of both matters is a little-known power that allows the Secretary of State to label a noncitizen a danger to U.S. foreign policy interests. That label can sidestep typical protections for lawful permanent residents in removal cases.
Legal concerns raised by counsel:
– The power lacks clear standards and meaningful review, raising due process alarms.
– Attorneys say the provision lets the executive branch reach into routine immigration steps—like a citizenship interview—and convert them into arrest points for people whose views the government dislikes.
– Immigration judges must decide how much weight to give a top diplomat’s statement when underlying evidence is not entered into the record.
– In Khalil’s case, attorneys say the judge credited the Secretary’s assertion without examining proof—a practice they anticipate challenging on appeal.
ICE and the Department of Homeland Security are enforcing these actions, while the Department of State’s role—specifically Secretary Rubio’s determinations—has become the focal point.
Context and Chilling Effects
These decisions come against a tense national backdrop: ongoing conflict in Gaza, campus protests, and rising disputes over speech that spill into employment and immigration.
Consequences and concerns:
– For Palestinians with green cards, the risk calculus has shifted; detentions at or right after immigration appointments create a chilling effect.
– Families, employers, and universities now face uncertainty as long-settled residents confront sudden removal threats tied to political expression rather than conduct.
– Analysis by VisaVerge.com highlights that these detentions undermine the predictability of routine immigration steps and heighten fear among those engaged in advocacy.
For context, a USCIS naturalization interview is usually administrative, covering eligibility, English and civics, and updates to background checks. The public can review how USCIS describes the interview and test at the agency’s official page: USCIS Naturalization Interview and Test. In these cases, however, the interview setting became a point of arrest, adding fear that what should be a step toward citizenship can turn into detention for those engaged in public advocacy.
Human Impact
The human cost is stark and immediate:
– Mahdawi: a decade-long tie to the U.S., campus leader, now separated from community and studies.
– Khalil: a newborn son (born April 2025) and a U.S. citizen spouse dealing with family separation and emotional strain.
– Spouses, parents, and classmates face sudden separation, mounting legal fees, and travel limits to visit detention centers that are often far from home.
Advocates and counsel emphasize family and medical concerns, including bonding needs for newborns and access to in-person visits without physical barriers.
Legal Strategies and Possible Outcomes
Legal teams for both men have pursued parallel strategies:
1. Challenge the detention process in federal court (habeas corpus).
2. Fight removal in immigration court.
3. Highlight the lack of transparency in the foreign policy claim.
They argue:
– The government is punishing speech, not conduct.
– Deporting Palestinian activists could expose them to grave harm abroad.
– Use of this foreign policy tool is rare and controversial, lacking the checks seen in other parts of immigration law.
Potential institutional responses:
– Some members of Congress have shown interest, with advocates contacting Senator Mark Welch’s office for updates.
– While no formal legislation is reported, continued detentions could spur oversight requests or hearings.
– Courts may eventually set boundaries on the Secretary of State’s authority if higher appeals take up the foreign policy designation question.
Practical Advice and Precautions
For immigrants concerned about speaking out, lawyers recommend:
– Document peaceful activity and public advocacy thoroughly.
– Keep records of community ties (employment, family, educational history).
– Stay in close contact with counsel if contacted by ICE.
– Plan for emergencies: childcare, medical needs, and contingency finances if a breadwinner is detained.
Universities are reviewing support systems for international and immigrant students who face legal risks tied to political activity on campus.
Why These Cases Matter
These cases will likely influence how agencies handle activists at immigration appointments and whether foreign policy claims can override usual protections for green card holders.
Until judges weigh in further, the fear of being detained during a routine step remains real for many Palestinian residents and their allies.
For now, Mahdawi and Khalil remain in legal limbo, their futures tied to court calendars and a diplomatic power few had heard of before this spring.
Frequently Asked Questions
This Article in a Nutshell
Mohsen K. Mahdawi, a Palestinian student and Columbia organizer, was detained by ICE during a USCIS naturalization interview on April 14, 2025, and placed in deportation proceedings. The administration relies on an obscure foreign-policy authority attributed to Secretary of State Marco Rubio to justify removal, prompting habeas corpus petitions alleging due process violations and punishment for protected speech. A parallel case, Mahmoud Khalil, was arrested in March 2025; a Louisiana judge found him deportable in May 2025 based on the Secretary’s assertion despite defense claims and extensive documentation. Lawyers warn the authority lacks clear standards and meaningful review, creating chilling effects for Palestinian green card holders and campus activists. Advocates call for legal support, congressional oversight, and judicial limits on the Secretary’s power as courts weigh these cases.