NEW YORK — A student from Columbia University, originally from South Korea, has temporarily escaped the threat of deportation due to her participation in a pro-Palestinian protest. A federal judge on Tuesday ruled that Yunseo Chung could not be placed in immigration detention at this stage.
The decision offers a momentary relief for Chung and stands as a challenge to the Trump administration’s efforts to deport noncitizens involved in protests perceived as antisemitic or linked to Hamas. The students argue that they are being penalized for advocating for Palestinian rights.
“Today, Yunseo Chung can live without the constant fear of ICE arriving at her door,” said her attorney, Ramzi Kassem, referring to the Immigration and Customs Enforcement agency.
As Chung’s case was reviewed by a Manhattan federal judge, a separate case in Syracuse involved Cornell University doctoral student Momodou Taal, who also faces potential deportation related to protest activity.
U.S. District Judge Naomi Reice Buchwald, presiding over Chung’s case, expressed that the government had not provided sufficient evidence to justify detaining Chung while the proceedings continue. Chung, now 21, came to the U.S. at the age of 7 and later became a legal permanent resident.
The Department of Homeland Security mentioned on Monday that Chung had participated in activities of concern, including an arrest at a protest. However, Judge Buchwald noted that there was no evidence presented indicating that Chung was dangerous or in communication with terrorist groups.
The administration’s argument that Chung might cause negative foreign policy outcomes was similarly questioned by the judge, who queried, “What harm is there in allowing her to remain in the community and not be detained by ICE as the case is addressed in court?” She scheduled further legal discussions for next month, with oral arguments planned for May 20.
Government lawyer Jeffrey Oestericher indicated an inability to consent to the restraining order but acknowledged the judge’s perspective.
Chung was absent from the courtroom, but a group of supporters attended in solidarity.
Chung’s legal team filed a lawsuit on Monday, arguing that immigration officials acted against her following her arrest at a Barnard College sit-in protest, which resulted in a misdemeanor charge. She was released with a future court appearance, and Columbia University subsequently suspended her.
In the following days, her lawyer received notification that Chung’s permanent residency was being revoked, and attempts to arrest her were made. Agents reportedly searched her family’s residence and her dorm room at Columbia, without finding her.
Meanwhile, Momodou Taal, a Cornell student, received a notice last week to surrender to immigration officials after initiating legal action to prevent his deportation. Taal, a British and Gambian citizen working on a doctorate in Africana studies, faces similar accusations tied to protest activities.
The Justice Department claimed in court documents that Taal’s visa was revoked due to disruptive protests violating university policies and that these actions created a hostile atmosphere for Jewish students. Cornell has suspended him twice, with the latest incident occurring after pro-Palestinian activists disrupted a campus event.
At a separate hearing in Syracuse, U.S. District Judge Elizabeth Coombe questioned why Taal’s case shouldn’t be handled by an immigration judge. Taal’s lawyer, Eric Lee, insisted the focus was on free speech, arguing, “The government is targeting individuals for protesting.”
Government representative Ethan Kanter responded that the cases might be addressed within immigration proceedings, asserting, “The executive orders here do not restrict speech.”
Taal was not present during the hearing, though a large number of supporters attended, and over 100 protesters rallied outside the courthouse in support of him and Palestinian rights.