Federal Judge Temporarily Blocks ICE from Detaining Columbia Student over Pro-Palestinian Speech

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NEW YORK— A federal judge in the Southern District of New York has granted temporary relief to 21-year-old permanent resident and Columbia University student Yunseo Chung, blocking Immigration and Customs Enforcement (ICE) from detaining her over her speech in support of Palestinian rights.

The emergency order, issued Tuesday, preserves Chung’s freedom while the court considers serious constitutional questions raised by her legal team, who argue the government is targeting her for protected political speech. The judge’s decision temporarily halts ICE’s efforts to detain Chung until further arguments are heard.

The case, brought by CLEAR (Creating Law Enforcement Accountability & Responsibility), Human Rights First, the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, Emery Celli Brinckerhoff Ward Abady and Maazel LLP, the Law Office of Matthew Bray, and Jonathan Hafetz, was filed after ICE allegedly moved to detain Chung based on her campus activism and public support for students facing discipline over pro-Palestinian speech.

“After the constant dread in the back of my mind over the past few weeks, this decision feels like a million pounds off of my chest. I feel like I could fly,” Chung said in a statement after the hearing. “I’m so, so grateful to my legal team and my community of professors, students, and staff at Columbia who have given me strength at every turn.”

In court, government attorneys failed to provide any reason why Chung should be detained. Her legal team argued she was likely to prevail in showing that her First Amendment rights were violated and that detention would cause her irreparable harm.

“Yunseo no longer has to fear that ICE will spirit her away to a distant prison simply because she spoke up for Palestinian human rights,” said Ramzi Kassem, Co-Director of CLEAR. “The court’s temporary restraining order is both sensible and fair, preserving the status quo as we litigate the serious constitutional issues at stake—not just for Yunseo, but for our society as a whole.”

Chung’s case comes amid what advocates call an alarming trend under the Trump administration: the targeting of students and human rights defenders over pro-Palestinian advocacy. Mahmoud Khalil, another student who spoke out against Israel’s actions in Gaza, remains in ICE detention.

“May the day never come when the Secretary of State is allowed to single out a college student for banishment from the United States because of political protest,” said Jordan Wells, Senior Attorney at the Lawyers’ Committee for Civil Rights of the SF Bay Area. “At the very least, we are relieved on behalf of our client that day is not today.”

The lawsuit challenges the administration’s efforts to conflate speech critical of Israeli policy with threats to national security—a tactic civil rights groups say violates free speech protections.

“It is terrifying to contemplate that the federal government mobilized to arrest a young college student simply because she went to protests the administration doesn’t like,” added Joshua Colangelo-Bryan, Special Counsel at Human Rights First. “We are grateful that the rule of law has been re-imposed, at least for now.”

Attorneys argued that Chung’s case is about more than one student—it is about the right of all students, immigrants, and human rights advocates to speak freely without fear of retaliation.

“The Trump administration is targeting Ms. Chung for deportation because the government doesn’t like what she thinks or says,” said Sonya Levitova of Emery Celli Brinckerhoff Ward Abady and Maazel LLP. “We cannot live in a country where that is permitted to happen.”

While the court weighs the constitutional challenge, Chung will be able to continue her life without fear of being detained. Her legal team vowed to continue fighting to protect her rights and those of others facing similar threats.

“This ruling is a step in the right direction,” her lawyers said in a statement. “But right now, students, green card holders, and human rights defenders across the U.S. are being targeted for their speech. We expect the courts to uphold civil liberties and ensure the right to free speech for all.”

 

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  • David Greenwald

    Greenwald is the founder, editor, and executive director of the Davis Vanguard. He founded the Vanguard in 2006. David Greenwald moved to Davis in 1996 to attend Graduate School at UC Davis in Political Science. He lives in South Davis with his wife Cecilia Escamilla Greenwald and three children.

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