Federal appeals court rules Badar Khan Suri can remain free while challenging his detention, citing constitutional free speech and due process protections.
WASHINGTON: A United States federal appeals court has rejected an attempt by immigration authorities to re-detain Georgetown University scholar Badar Khan Suri, an Indian national facing deportation over his pro-Palestinian activism related to Israel’s war in Gaza.
In a 2-1 ruling, the US Court of Appeals for the Fourth Circuit upheld a lower court’s decision allowing Khan Suri to remain free while his legal challenge proceeds. The court concluded that federal immigration law did not prevent the lower court from ordering his release.
Khan Suri was arrested in March 2025 during a broader immigration crackdown under the administration of President Donald Trump, which targeted several foreign nationals involved in pro-Palestinian demonstrations and activism on US college campuses.
The appeals court agreed with Khan Suri’s argument that his detention may have violated his constitutional rights, including protections for free speech and due process under the US Constitution.
Judges also rejected the federal government’s request to transfer the case from Virginia to Texas, allowing the legal proceedings to continue in their current jurisdiction.
In its opinion, the court stated that individuals challenging the legality of their detention should not be required to wait until immigration proceedings conclude if they claim their constitutional rights have already been violated.
A federal district court had previously ordered Khan Suri’s release in May, finding sufficient grounds for him to remain free while contesting his detention and deportation.
The latest ruling reinforces that decision and marks another legal setback for immigration authorities seeking to hold him in custody during the deportation process.
The American Civil Liberties Union (ACLU), which is representing Khan Suri, welcomed the appeals court’s decision.
Eden Heilman, legal director of the ACLU of Virginia, said the ruling reaffirmed that constitutional protections, including the First Amendment, apply regardless of an individual’s citizenship status.
The case remains ongoing as Khan Suri continues to challenge the legality of his detention and deportation proceedings in federal court.
