The US government has refused to comply with a Virginia federal judge’s order to halt the deportation of Badar Khan Suri, an Indian scholar facing removal over allegations of spreading Hamas propaganda. At a Thursday hearing in Alexandria, Virginia, US District Judge Patricia Tolliver Giles expressed skepticism about the government’s attempt to move the case to Texas, where Khan Suri is currently detained.
The Department of Justice argues that the case was improperly filed in Virginia, given that Khan Suri had already been transferred to Texas. However, Judge Giles raised concerns that moving the case would nullify her earlier order preventing Khan Suri’s deportation while his First Amendment lawsuit proceeds.
What led to Badar Khan Suri’s deportation?
Khan Suri, who arrived in the US in 2022 on a J-1 visa, worked at Georgetown University as a visiting scholar. He and his wife, Mapheze Saleh, have three young children. He was arrested on March 17 outside his Virginia apartment by plain-clothed officers. His lawyers claim the arrest was unconstitutional and tied to his wife’s familial connection to a Hamas-linked figure in Gaza—Saleh’s father, Ahmed Yousef.
According to the Department of Homeland Security, Khan Suri was detained for “spreading Hamas propaganda and promoting antisemitism.” His social media activity in support of Palestinians was cited as evidence. However, the ACLU, representing Khan Suri, argues that the arrest violates his First Amendment rights and constitutes guilt by association.
Badar Khan Suri’s lawyer allege US govt of ‘forum shopping’
Attorneys for Khan Suri accused the government of “forum shopping”—strategically moving the case to Texas to face a more conservative court. The 5th US Circuit Court of Appeals, where such cases would likely end up, has a reputation for favoring the government in immigration matters. Judge Giles demanded data to justify the claim that overcrowding at the Virginia facility necessitated Khan Suri’s relocation.
Khan Suri’s legal team insists that the case remains in Virginia to ensure fair proceedings. They say the government’s actions reflect a broader pattern of undermining constitutional protections under the guise of national security. While a decision on jurisdiction is pending, the battle over Khan Suri’s future—and the broader implications for academic freedom and immigrant rights—continues to unfold.
(With AP inputs)