On The Front Lines

Facing Court Losses Over Its Detention of Student Activists, Trump Administration Considers Suspending Habeas Corpus

BURLINGTON, Vt. — In the wake of a string of court challenges over its arrests, detentions and deportations of university students engaged in political protests, the Trump Administration is threatening to suspend the writ of habeas corpus, a constitutional principle with roots in British law that assures everyone in the United States, including noncitizens, of the right to challenge a detention in court.

The White House’s admission that it is “actively looking at” suspending habeas corpus came on the same day that the U.S. District Court for Vermont ordered the immediate release of Rümeysa Öztürk, a Tufts University PhD student who was seized on the street near her apartment by masked, plainclothes ICE agents; shoved into an unmarked car; and transported out of state to a detention center pending deportation. Although never charged with a crime, Öztürk was targeted by government officials for co-authoring an op-ed in a student paper a year earlier expressing support for Palestinian civilians during a time of heightened international conflict. The Rutherford Institute joined a coalition of civil liberties organizations (including the Foundation for Individual Rights and Expression (FIRE), the National Coalition Against Censorship, PEN America, Cato Institute, and the First Amendment Lawyers Association) to file an amicus brief in Öztürk v. Trump challenging the legality of Öztürk’s arrest and detention through her petition for a writ of habeas corpus.

“This is not about public safety. This is about silencing dissent. The U.S. government is weaponizing immigration enforcement to punish political dissent,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “If the government can silence, detain, and deport individuals simply for speaking out on political issues, then no one’s speech is truly safe and we’re no longer operating under the Constitution. We’re living under a system of political policing.”

Öztürk, a Turkish national lawfully present in the U.S. on a student visa, is pursuing a doctorate in the Child Study and Human Development program at Tufts University. Unbeknownst to Öztürk, Secretary of State Marco Rubio revoked her visa as part of a campaign by the Trump Administration to retaliate against those who publicly criticize Israel. Öztürk was detained without warning by masked, plainclothes agents on March 25, 2025, and transferred more than 1,500 miles away from her home in Massachusetts to the South Louisiana ICE Processing Center. In its amicus brief challenging Öztürk’s detention as unconstitutional, the legal coalition contends that the government’s actions set a dangerous precedent in which political speech can be treated as evidence of threat, opening the door for officials to selectively punish individuals based on the content and viewpoint of their expression.

The implications reach far beyond Öztürk’s case. Since returning to office, the Trump Administration has increasingly targeted immigrants and legal visa holders for arrest, deportation, or visa revocation based solely on their political expression. In one case, a legal aid attorney had her visa canceled after attending a peaceful protest. In another, a university lecturer was denied re-entry to the U.S. over critical social media posts. Such tactics, the coalition contends, create a sweeping chilling effect for anyone who dares to speak out against government policy.

Ronnie London, Conor Fitzpatrick, Colin McDonell, Will Creeley, and others at FIRE advanced the arguments in the Öztürk v. Trump amicus brief.

The Rutherford Institute, a nonprofit civil liberties organization, defends individuals whose constitutional rights have been threatened or violated and educates the public on a wide spectrum of issues affecting their freedoms.

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Case History

May 01, 2025 • Civil Liberties Advocates Sound Alarm Over Arrest of PhD Student for Political Views