First hearing for Rümeysa Öztürk held in the US: 'Government is bypassing constitutional rights'

The first hearing for the habeas corpus (a petition to challenge the legality of detention) case filed by the lawyers of Rümeysa Öztürk, a PhD student in the US, was held at the Boston Federal Court following her detention on March 25 by agents from the U.S. Immigration and Customs Enforcement (ICE), an agency under the Department of Homeland Security.

Öztürk attended the hearing remotely due to being held in custody outside the state. Stating that ICE officials transferred their client out of state in the middle of the night after detaining her, Öztürk's lawyers argued during the hearing that the transfer was intentional and that judicial authority was being undermined.

TRANSFERRED TO IMMIGRATION CENTER AS A DETAINEE

The official timeline presented to the court by the government showed that the ICE operation was timed with great precision. At 5:15 PM local time, Öztürk was detained near her home in Somerville. At 5:49 PM, she was in transit under ICE custody. At 10:01 PM, one of Öztürk's lawyers, Mahsa Khanbabai, filed an emergency petition with the Boston District Court. At 10:28 PM, ICE moved Öztürk to Vermont. At 10:55 PM, Boston District Court Judge Indira Talwani issued an order requesting that Öztürk remain in Massachusetts. The next morning at 5:31 AM, a flight was conducted from Vermont to Louisiana. At 2:35 PM, they landed in Alexandria, Louisiana. Öztürk was later transferred to an immigration center in Basile as a detainee.

WHERE SHOULD THE CASE BE HEARD?

Öztürk's lawyers argued that their client was still under the supervision of the ICE Boston office after being detained, and therefore, filing the case in Boston was legally correct. Khanbabai stated, "When Öztürk was arrested, she was physically under the control of the Boston ICE field office. Therefore, this court has jurisdiction," emphasizing that the transfer process was also entirely in the hands of ICE.

Federal Prosecutor Mark Sauter, citing the "Rumsfeld v. Padilla" ruling, argued that the case should be filed in the district 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. Furthermore, ICE's transfer process is based entirely on routine procedures."

"INTENTIONALLY OBSTRUCTED"

Öztürk's lawyers also detailed that ICE deliberately concealed Öztürk's location and did not provide information to her attorney, stating, "Öztürk's family and lawyer could not learn her whereabouts for approximately 20 hours. ICE carried out the transfer despite the court order. Öztürk could not communicate with her lawyer when she was arrested; she was not given a phone. Although the transfer decision may have been made before the arrest, the lawyer's opportunity to be involved in the process was intentionally obstructed."

"GOVERNMENT PURSUED A STRATEGY THAT BYPASSES CONSTITUTIONAL RIGHTS"

Brett Max Kaufman, a lawyer from the American Civil Liberties Union (ACLU) who joined the case as part of Öztürk's legal team, said, "The government did not just arrest a student here; it pursued a strategy that effectively bypasses constitutional rights."

In the hearing presided over by Judge Denise J. Casper, more than an hour of mutual arguments and legal details were discussed. While Judge Casper listened to the arguments regarding the erosion of judicial authority with seriousness, she displayed a critical approach toward the government's defense regarding the timing. Judge Casper's remarks, "If it is not a coincidence that ICE conducted a transfer minutes before a federal court order, it is a serious abuse of judicial process," were entered into the court record. Judge Casper stated that she would announce her decision regarding the jurisdiction issue shortly and adjourned the hearing to a later date.

WHAT HAD HAPPENED?

Rümeysa Öztürk, a PhD student at Tufts University in Massachusetts, was detained by agents from the U.S. Immigration and Customs Enforcement (ICE) near her home in Boston on March 25 at approximately 5:15 PM local time. Öztürk, who is a Fulbright scholar and in the final year of her doctoral studies, was stopped by agents while leaving her home to go to an iftar dinner with friends, and was suddenly surrounded by 6 plainclothes ICE officers with their faces covered. Despite her objections, she was handcuffed and placed into an SUV about 2 minutes later.

In a statement made by the U.S. Department of Homeland Security, it was alleged that the pro-Palestine Öztürk "engaged in activities supporting Hamas," and a spokesperson from the Department of Homeland Security said that Öztürk had been transferred to an ICE Processing Center in the state of Louisiana. The Boston District Court, however, had temporarily stayed Öztürk's deportation.

In a joint article written for the university newspaper in March 2024, Öztürk had criticized the school's stance on the pro-Palestine movement. In the article, which demanded that the university "acknowledge the Palestinian genocide," it was requested that the school administration sever its ties with Israel.