US court affirms release of pro-Palestine scholar as legal battle continues

A federal appeals court in Virginia has rejected the Trump administration's attempt to re-detain Badar Khan Suri, a Georgetown University scholar facing deportation. In a 2-1 decision, the Fourth Circuit Court of Appeals determined that immigration law did not prevent a lower court judge from ordering Suri's release. The court found that Suri's detention violated his constitutional rights to due process and free speech.

Suri, an Indian citizen, was arrested in March 2025 as part of a broader administration effort to detain and deport foreign nationals engaged in pro-Palestinian activism on college campuses. A district court judge had previously ordered his release in May. The appeals court rejected the administration's request to move the case from Virginia to Texas, noting that detaining someone while awaiting removal proceedings does not serve the interests of justice when constitutional violations are alleged.

The American Civil Liberties Union, representing Suri, praised the decision. According to the ACLU's legal director, immigration authorities moved Suri among five different detention facilities across three states in what the organization characterized as an attempt to find a more favorable jurisdiction.

The ruling creates a split among federal appeals courts on this issue. Two other appeals panels have sided with the Trump administration in similar cases involving pro-Palestinian campus activists, overturning lower court orders for their release. This divergence suggests the Supreme Court may ultimately intervene to establish a uniform legal standard for such cases.