A federal court hearing in Boston on Thursday examined whether it had jurisdiction over the case of a Tufts University doctoral student from Turkey, detained by immigration authorities, as the university voiced support for the pro-Palestinian advocate.
The hearing was held in Boston federal court to determine if the habeas corpus petition on behalf of Rümeysa Öztürk was filed in the correct jurisdiction. Judge Denise Casper said she needed time to “wrestle” with the issue of jurisdiction and come to a decision.
The hearing came as the president of Tufts University filed a declaration in support of a motion filed in federal court by Öztürk, who is accused of supporting Hamas.
Öztürk was taken into custody by Immigration and Customs Enforcement (ICE) on March 26 in Somerville, Mass., after the Department of Homeland Security (DHS) revoked her visa. A DHS spokesperson previously told Fox News Digital that Öztürk was “granted the privilege to be in this country on a visa.”
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Öztürk’s Massachusetts attorney accused the U.S. government of “forum shopping,” saying that ICE moved the student to Louisiana, where courts might be less favorable towards her case.
The attorney said she was denied access to a lawyer during her move to Louisiana and said that transfer was not standard practice.
The U.S. Attorney’s Office argued that federal authorities moved Öztürk to Louisiana because there was no available room in Massachusetts to hold her until trial. They said that she was first sent to Vermont, but later moved to Louisiana.
The DHS spokesperson said that investigations by DHS and ICE “found Öztürk engaged in activities in support of Hamas, a foreign terrorist organization that relishes the killing of Americans.”
“Glorifying and supporting terrorists who kill Americans is grounds for visa issuance to be terminated. This is commonsense security,” the spokesperson added.
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Tufts University President Sunil Kumar said in the declaration of support that the institution has “no information” that supports the allegations from DHS and ICE.
“The University has no information to support the allegations that she was engaged in activities at Tufts that warrant her arrest and detention. The University has seen an outpouring of support for Ms. Öztürk over the last week from Tufts students, faculty and staff. These individuals have described Ms. Öztürk as a valued member of the community, dedicated to her academic pursuits and committed to her colleagues,” Kumar wrote.
Kumar added that the university had received a notice on March 25 that Öztürk’s visa was canceled because she was a “non-immigrant status violator” of the Immigration and Naturalization Act. The notice went on to say that Öztürk’s presence in the United States could result in “potentially serious adverse foreign policy consequences for the United States.”
Kumar asked the federal judge to release Öztürk “without delay.”
Öztürk’s legal team previously told Fox News that the student had a valid F-1 visa before her arrest and said that no charges have been filed.
U.S. District Court Judge Indira Talwani granted a habeas petition on March 25 requesting that Öztürk not be removed from the District of Mass.; however, the student had already been removed at that point.
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In March 2024, Öztürk co-authored an op-ed in the Tufts Daily, calling on the university to divest from Israel.
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