Deportation Case of Georgetown University Scholar

ALEXANDRIA, Va. — The Trump administration told a federal judge Thursday that a Georgetown University scholar’s lawsuit against deportation should be moved from Virginia, where it was filed, to Texas, where he’s jailed over allegations of “spreading Hamas propaganda.”

U.S. District Judge Patricia Tolliver Giles seemed skeptical of the government’s request, which would involve her dismissing the case in Virginia. She raised concerns that a dismissal in her court would void her order in March to keep Badar Khan Suri in the U.S. while his First Amendment case plays out.

Concerns Over Dismissal

David Byerley, a Justice Department attorney, told Giles that he would need to talk to U.S. Immigrations and Customs Enforcement about the judge’s concern. Byerley said he didn’t see why ICE wouldn’t honor her order against deporting Khan Suri while the case is refiled in a Texas federal court.

“OK,” the judge said. “I’m not going to rely on that. But thank you.”

Government’s Reasoning

In a government filing before the hearing, U.S. attorneys argued Khan Suri’s attorneys filed his suit in Virginia after he was already taken out of state. They said filing his case in Texas is “relatively straightforward application of well-settled law.”

The Trump administration said it quickly moved Khan Suri from a facility in Farmville, Virginia, because of overcrowding to a detention center in Louisiana and then Texas.

Overcrowding Claim Questioned

But the judge seemed skeptical of the government’s overcrowding claim. She asked the U.S. to provide details about the number of open beds in Farmville at the time of Khan Suri’s arrest as well as the number of people who’ve been transferred because of overcrowding.

Khan Suri’s attorneys from the American Civil Liberties Union told the judge that once in Texas, Khan Suri slept on the floor of an overcrowded detention center for at the least the first few weeks. Khan Suri now has his own bed in a dormitory.

Accusations of Forum Shopping

Khan Suri’s attorneys said the real reason he was moved to Texas was to bring the case before a more conservative judge. The attorney, Vishal Agraharkar, accused the government of what’s often called “forum shopping.”

Unlike the U.S. District Court in Alexandria, Virginia, federal district courts in Texas and western Louisiana are dominated by Republican-appointed judges. Win or lose, appeals of such cases go to the reliably conservative 5th U.S. Circuit Court of Appeals.

Conservative Leanings of the 5th Circuit

The 5th Circuit is one of 13 federal appellate courts around the nation and has 17 full-time judges. Twelve were appointed by Republican presidents, including six by former President Donald Trump.

Support for Khan Suri

Agraharkar’s statements before the judge in Alexandria were echoed by another attorney for Khan Suri, Hassan Ahmad, outside the courtroom after Thursday’s hearing.

“There is a reason why the detention facilities exist there,” Ahmad said, adding, “This kind of rigged game has to stop.”

Ahmad was among a group of people who gathered at the courthouse to show support. They included Khan Suri’s wife, Georgetown students and faculty and U.S. Rep. Don Beyer, a Democrat who represents the northern Virginia district where Khan Suri lives.

Khan Suri’s Arrest and Background

Khan Suri’s lawsuit was filed shortly after masked, plain-clothed officers arrested him on March 17 outside his apartment complex in Arlington, Virginia.

His attorneys say he was unconstitutionally arrested and jailed because of his wife’s connection to Gaza. He and his wife, Mapheze Saleh, have been targeted because Saleh’s father worked with the Hamas-backed Gazan government for more than a decade but before Hamas attacked Israel on Oct. 7, 2023, Khan Suri’s attorneys say.

The ACLU said in the memo that Khan Suri hardly knew the father, Ahmed Yousef.

According to the U.S. government, Khan Suri has undisputed family ties to the terrorist organization, which Khan Suri “euphemistically refers to as ‘the government of Gaza.’”

First Amendment Rights

Khan Suri’s arrest also stems from his social media posts about the war in Gaza, in which he expressed support of Palestinian people. Homeland Security Assistant Secretary Tricia McLaughlin posted on the social platform X that Khan Suri was accused of “spreading Hamas propaganda and promoting antisemitism on social media” and was determined to be deportable.

The ACLU has argued that arrests on such grounds violated his First Amendment rights.

Khan Suri’s Life and Career

Khan Suri, an Indian citizen, came to the U.S. in 2022 through a J-1 visa, working at Georgetown as a visiting scholar and postdoctoral fellow. He and Saleh have three children: a 9-year-old son and 5-year-old twins.

Before his arrest, he taught a course on majority and minority human rights in South Asia, according to court records. The filings said he hoped to become a professor and embark on a career in academia.

Conclusion

The case of Badar Khan Suri raises concerns about the Trump administration’s handling of deportation cases and the potential for forum shopping. The judge’s decision on whether to move the case to Texas will have significant implications for Khan Suri’s future and the broader implications for First Amendment rights.

Frequently Asked Questions

Q: Who is Badar Khan Suri?

A: Badar Khan Suri is a Georgetown University scholar who was arrested and jailed over allegations of “spreading Hamas propaganda.”

Q: Why is the Trump administration trying to move the case to Texas?

A: The Trump administration claims that the case should be moved to Texas because Khan Suri is being held in a detention center there. However, Khan Suri’s attorneys argue that the real reason is to bring the case before a more conservative judge.

Q: What are the implications of the case for First Amendment rights?

A: The case raises concerns about the potential for the government to target individuals for their social media posts and political views, and the implications for free speech and academic freedom.

Q: What is the current status of the case?

A: The case is currently pending in the U.S. District Court in Alexandria, Virginia, with a decision expected on whether to move the case to Texas.