Immigration judge blocks Mahdawi deportation over evidence failure

Immigration Judge NFNina Froes of the Chelmsford Immigration Court terminated removal proceedings against MMMohsen Mahdawi on February 17, 2026. The government tried to deport Mahdawi under INA Section 237(a)(4)(C)(i), which lets the Secretary of State flag noncitizens whose presence allegedly threatens U.S. foreign policy.

The case collapsed because DHS submitted only an uncertified photocopy of a memo attributed to Secretary of State MRMarco Rubio. Judge Froes ruled the document was not admissible: no witness was produced to explain what the document was, how it was obtained, or to attest to its validity. DHS lawyers argued the memo was self-authenticating, but the court rejected that argument.

Rubio's memo claimed Mahdawi's pro-Palestinian activism could undermine the Middle East peace process. Under INA Section 237(a)(4)(C)(i), the Secretary of State must personally determine that someone's presence would compromise a compelling foreign policy interest. But the statute also bars deportation based on beliefs, statements, or associations that would be lawful inside the United States.

ICE arrested Mahdawi on April 14, 2025, at his own citizenship naturalization interview in Colchester, 🍁Vermont

He spent 16 days in a 🍁Vermont prison before a judge ordered his release

Mahdawi had been a lawful permanent resident since 2015, living in the U.S. since 2014 He was born in the Far'a refugee camp in the Israeli-occupied West Bank.

Mahdawi co-founded the Columbia University Palestinian Student Union with MKMahmoud Khalil, who was the first student protester detained by ICE in March 2025. Both cases are part of the Trump administration's broader crackdown on pro-Palestinian campus activism. The administration also targeted RORumeysa Ozturk, a Tufts graduate student arrested after co-authoring an op-ed in a student newspaper.

In September 2025, U.S

District Judge William G

Young ruled that the administration's targeting of noncitizens for deportation based on protected speech violated the First Amendment The Foundation for Individual Rights and Expression obtained unsealed court records showing officials had no evidence of unlawful conduct against any of the targeted students Internal DHS memos showed the government acknowledged it could not find evidence Ozturk was involved in antisemitic behavior or supported terrorist organizations.

The dismissal is without prejudice, which means the government can refile the case, potentially with properly authenticated evidence, or appeal to the Board of Immigration Appeals. Mahdawi's lawyers say the ruling vindicates their argument that the case was politically motivated. Mahdawi graduated from Columbia in May 2025 after a judge granted him permission to finish his coursework.

Under immigration law, DHS bears the burden of proving deportability by clear, unequivocal, and convincing evidence. Green card holders have the same core constitutional protections as citizens, including First Amendment free speech rights and Fifth Amendment due process. Only an immigration judge can revoke a green card, and the government must prove its case in a removal hearing.