An immigration judge has ruled against the deportation of Mohsen Mahdawi, a Palestinian activist accused of antisemitic statements and leading anti-Israel protests. The judge cited insufficient evidence from the Department of Homeland Security.
An immigration judge has ruled that Mohsen Mahdawi , a Palestinian activist accused of making antisemitic statements and leading anti-Israel protests at Columbia University , will not be deported from the United States. Judge Nina Froes made this determination on February 13, stating that the Department of Homeland Security ( DHS ) failed to provide sufficient and admissible evidence to justify his removal.
According to reports, the judge found that the DHS relied in part on a memorandum allegedly signed by Secretary of State Marco Rubio but failed to properly authenticate the document. Consequently, the government was unable to meet its burden of proving Mahdawi’s removability. This ruling marks a significant victory for Mahdawi, who has been at the center of a protracted legal battle concerning his immigration status. His attorneys shared the decision on Tuesday in a filing with the U.S. Court of Appeals for the Second Circuit in New York, which has been reviewing a prior ruling that led to his release from immigration custody in April 2025. This recent decision is a further step in his legal journey, signifying a critical affirmation of his right to remain in the country pending the conclusion of further legal proceedings.\Mahdawi’s case is complex, stemming from his involvement in pro-Palestinian activism at Columbia University and allegations of antisemitic remarks made in Vermont. In 2025, while attending a citizenship appointment in Vermont, Mahdawi was detained and spent more than two weeks in custody before being released on bail. He had co-founded the Palestinian Student Union at Columbia University following the October 7, 2023, Hamas terrorist attack. The allegations of antisemitism date back to 2015, when he was interviewed by the FBI after reportedly making offensive remarks at a Vermont gun store and a firearms museum. At the gun store, the owner claimed that Mahdawi expressed interest in purchasing firearms, including a sniper rifle and an automatic weapon. The owner also alleged that Mahdawi stated he had experience building modified 9mm submachine guns 'to kill Jews while he was in Palestine,' and later, at the museum, Mahdawi allegedly said 'I like to kill Jews.' However, Mahdawi has consistently denied these allegations, asserting that he never made antisemitic comments or expressed any violent intent. His defense team further stated that federal agents conducted a thorough investigation and found no evidence supporting the accusations. \Mahdawi's legal battle has attracted considerable attention, with supporters and detractors alike closely monitoring the developments. In a statement released on Tuesday, Mahdawi expressed his gratitude for the court’s ruling. He stated, 'I am grateful to the court for honoring the rule of law and holding the line against the government’s attempts to trample on due process.' He added that the decision 'is an important step towards upholding what fear tried to destroy: the right to speak for peace and justice.' Mahdawi further highlighted that he was initially detained at his citizenship interview not for any criminal activity but for his stance against the perceived genocide of Palestinians. The ruling underscores the importance of due process and the right to freedom of speech. While the Department of Homeland Security has not yet issued a public comment, the case highlights the complex interplay between immigration laws, freedom of expression, and political activism. The court's decision suggests that the government has not met its burden of proof, underscoring the crucial role of presenting admissible evidence in removal proceedings. This case is also a reminder of the need to balance national security interests with individual rights, especially in situations involving politically sensitive speech and activism
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