American Association of University Professors v. Rubio

Summary

On March 8, 2025, Columbia University student and green card holder Mahmoud Khalil was detained by Immigration and Customs Enforcement at his Manhattan apartment after participating in pro-Palestinian protests. Four days later, on March 12, Tufts University doctoral student Rümeysa Öztürk was arrested at her Somerville, Massachusetts home by masked Homeland Security agents after her F-1 visa was revoked. Öztürk was held in detention in Louisiana for 45 days until a federal judge in Vermont released her on bail. On March 15, Columbia student Mohsen Mahdawi had his visa canceled while attending a USCIS appointment. None of the three faced criminal charges. Internal documents later revealed that the students had been targeted solely for their activism, writing, and social media activity, and that officials considered no alternative grounds for deportation beyond discretionary authority under immigration law. These actions were part of a broader 2025 federal effort to flag foreign students involved in pro-Palestinian activism, with over 5,000 individuals identified and more than 300 visa revocations in the first half of the year.

On July 7, 2025, the American Association of University Professors, the Middle East Studies Association, and affiliated students, represented by the Knight First Amendment Institute, filed a federal lawsuit in Boston, AAUP v. Rubio, alleging that the government had used immigration enforcement to punish students for political expression, violating the First Amendment and the Administrative Procedure Act. Trial testimony and documents showed a coordinated campaign by DHS and State Department officials, with visa revocations and detentions issued despite the absence of criminal charges. Students and faculty reported self-censorship due to fear of government scrutiny.

On September 30, 2025, Judge William G. Young of the U.S. District Court for the District of Massachusetts ruled that the actions violated the First Amendment and were arbitrary and capricious under the Administrative Procedure Act, condemning masked detentions, secretive tracking, and the misuse of immigration authority against lawful noncitizens. At a remedies hearing on January 16, 2026, Young outlined protections against retaliatory actions, which he formalized in a remedial order on January 23, 2026, applying to current AAUP and MESA members and prohibiting deportation or visa revocation to suppress political speech.

On February 9, 2026, immigration judge Roopal Patel ruled that there were no legal grounds to deport Öztürk, blocking further proceedings against her. Patel found that the revocation of her F-1 visa by Secretary of State Marco Rubio did not justify removal, because her lawful status in the United States did not depend on the visa. Öztürk’s lawyers described the ruling as a “powerful affirmation of fairness and the rule of law,” highlighting the dangers of punitive detention for political expression without judicial oversight. The government retains the right to appeal, but the decision underscores that Öztürk’s arrest and detention were legally unjustified.