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Immigration Judge Orders Deportation of Columbia Activist Mohsen Mahdawi

This case tests the government's use of the Immigration and Nationality Act's foreign policy bar to treat protest speech as grounds for removal.

Overview

  • A federal immigration judge ordered Mohsen Mahdawi deported to Jordan after the Board of Immigration Appeals reinstated removal proceedings, a decision reported on Wednesday.
  • Mahdawi has filed an appeal with the U.S. Court of Appeals for the First Circuit and a separate habeas corpus petition that currently prevents him from being re detained or removed while litigation proceeds.
  • The government argues Mahdawi’s pro Palestinian speech undermined U.S. foreign policy and invoked the so called 'foreign policy bar,' citing a memo that Mahdawi’s lawyers say was purportedly from Senator Marco Rubio.
  • Mahdawi was detained for 16 days during a 2025 naturalization interview, an immigration judge in February 2026 previously terminated removal proceedings, and the BIA’s April reinstatement reopened the case.
  • Advocates and recent court rulings frame the matter as a First Amendment and due process fight and legal experts say the outcome could shape how immigration law is used against noncitizen students who protest.