Trump admin asks top US court to reverse pro-Palestinian scholar’s release
The Biden administration's successor asked the US Supreme Court to reverse a lower-court decision that led to the release of Georgetown postdoctoral scholar Badar Khan Suri, who was arrested during a sweep of pro-Palestinian activists. The Department of Justice argues federal immigration statutes preclude district judges from ordering release while removal proceedings are pending, and has asked the high court to resolve conflicting appeals-court rulings on that question.
Why It Matters
The petition raises a broader constitutional and jurisdictional dispute over whether ordinary federal courts can intervene in immigration detentions tied to alleged retaliation for speech, a ruling that could affect the enforcement reach of the immigration system nationwide.
Key Facts
- Petitioner: U.S. Department of Justice (Solicitor General D. John Sauer)
- Respondent: Badar Khan Suri, Georgetown University postdoctoral fellow
- Initial arrest: March 2025, arrested by masked ICE officers outside his home in Rosslyn, Virginia
- Release: May 2025, released by order of a U.S. district court judge
- Fourth Circuit ruling: July (year not specified in excerpt), 2-1 decision allowing district courts to hear challenges to allegedly unconstitutional detention despite ongoing immigration proceedings
The Department of Justice has asked the U.S. Supreme Court to review a lower-court order that resulted in the release of Badar Khan Suri, a Georgetown University scholar who had been detained by Immigration and Customs Enforcement. Suri, an Indian national and postdoctoral fellow, was taken into custody in March 2025 during a wave of arrests targeting pro-Palestinian activism on U.S. campuses, and was subsequently transported to Texas. A federal district judge ordered Suri's release in May 2025 after finding he was likely to prevail on claims that his detention was retaliatory and thus violated his First Amendment and due process rights. The Justice Department contends that the judge lacked authority to grant that relief because federal immigration law precludes district courts from interfering with ongoing removal proceedings. The administration is asking the Supreme Court to resolve a split among appellate courts on the scope of district courts' jurisdiction in immigration detention cases. In July, the U.S. Court of Appeals for the Fourth Circuit held by a 2-1 vote that nothing in the immigration statutes prevents district judges from adjudicating claims that a detention is unconstitutional, even while deportation proceedings continue. By contrast, the Third Circuit has ruled that district courts lack subject-matter jurisdiction to hear such challenges during active removal proceedings. Solicitor General D. John Sauer warned the high court that permitting district-court intervention would undermine nationwide immigration enforcement by allowing detainees to bypass the immigration courts. The petition cites the differing appellate outcomes, including an earlier Third Circuit decision that affected another pro-Palestinian activist's case, as grounds for Supreme Court review. The high court's consideration will determine whether district judges can order release or other remedies when detainees raise constitutional challenges to their detention during removal proceedings.
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