In Alexandria, Virginia, a federal judge was presented with a Trump administration request to transfer a deportation lawsuit involving a Georgetown University scholar to Texas. This scholar, Badar Khan Suri, is accused of disseminating “Hamas propaganda” and is currently held in Texas.
U.S. District Judge Patricia Tolliver Giles expressed skepticism towards the government’s request, concerned about the implications of dismissing the case in Virginia. This could potentially nullify a previous order she issued in March to prevent Khan Suri’s deportation during the ongoing First Amendment case.
During the court proceedings, Justice Department attorney David Byerley assured Judge Giles that he would engage with U.S. Immigration and Customs Enforcement (ICE) about honoring the judge’s order if the case were refiled in Texas. However, Judge Giles expressed doubt regarding the assurance.
In pre-hearing documents, government lawyers claimed that Khan Suri’s suit was initially filed in Virginia opportunistically since he had already been moved out of state. They argued that filing in Texas is consistent with legal precedents. The administration justified Khan Suri’s transfer from a Virginia facility to detention centers in Louisiana and Texas due to overcrowding issues. However, Judge Giles questioned the validity of the overcrowding claim and requested specifics about available beds in Virginia at the time of the transfer.
Khan Suri’s representation from the American Civil Liberties Union countered, stating that the scholar, upon arrival in Texas, endured overcrowded conditions, initially having to sleep on the floor. They believe the location change serves to place Khan Suri’s case before a judiciary likely more favorable to the government’s perspective. Lawyer Vishal Agraharkar pointed to strategic “forum shopping” by the administration as the real motive.
The federal courts in Texas and parts of Louisiana predominantly comprise judges appointed by Republican presidents, with appeals routed to the 5th U.S. Circuit Court of Appeals, known for its conservative rulings.
Hassan Ahmad, another attorney for Khan Suri, called out the alleged manipulation outside the courtroom and was joined by a crowd of supporters, including Khan Suri’s wife, Georgetown faculty, students, and U.S. Representative Don Beyer.
The lawsuit emerged after Khan Suri was arrested by masked figures outside his Virginia residence, with claims that his detainment is unconstitutional and based on alleged ties through his wife to Gaza politics. The Justice Department holds that Khan Suri’s familial links to a terrorist organization are evident due to his wife’s father’s prior role with Gaza’s Hamas-supported government.
These allegations are coupled with Khan Suri’s social media activity regarding the Gaza conflict, interpreted by the government as propagating Hamas narratives and antisemitism. Homeland Security’s Tricia McLaughlin termed his activities deportable offenses.
The ACLU contests that Khan Suri’s arrest and subsequent charges infringe on his First Amendment rights. Khan Suri, an Indian national, arrived in the United States in 2022 on a J-1 visa intended for educational purposes and aimed to cultivate an academic career. Before his arrest, he was teaching at Georgetown on South Asian human rights issues.
The unfolding case continues to spark debate over judicial impartiality and the intersection of national security with free speech rights.