2nd Circuit Strips Vermont Court’s Authority to Release Mahdawi
The U.S. Court of Appeals for the 2nd Circuit ruled on July 21, 2026, that a Vermont federal judge had no authority to order the release of Mohsen Mahdawi from immigration detention last year. Mahdawi, a lawful U.S. permanent resident and Columbia University student, was arrested in Colchester, Vermont in April 2025 while attending a citizenship interview.
U.S. District Court Judge Geoffrey W. Crawford had ordered Mahdawi released on bail in April 2025, allowing him to continue challenging his detention while his case proceeded. The 2nd Circuit reversed that order, saying Crawford should have waited until the immigration court system fully adjudicated the case before intervening.
“We conclude that the district court should not have reached this question.”
U.S. Circuit Judge Debra Ann Livingston, 2nd Circuit decision, July 21, 2026
The ruling does not mean Mahdawi will be immediately re-detained. The American Civil Liberties Union, part of his legal team, said he was not expected to be taken back into custody right away.
Deportation Order Is Already in Place
The immigration court situation has grown more serious for Mahdawi independent of Tuesday’s ruling. An immigration judge ordered his deportation last month, after a federal immigration appeals panel reversed a prior ruling in his favor. Immigration courts are staffed by Department of Justice employees and operate separately from the federal judicial system.
The Trump administration has targeted Mahdawi over his involvement in campus protests criticizing U.S. and Israeli military operations in Gaza. He has been a lawful permanent resident throughout the proceedings.
This is the second time in two months that the Trump administration succeeded at an appeals court in reversing a lower court ruling that sided with a student activist facing deportation. That pattern signals a narrowing window for federal district courts to intervene in immigration detention cases before the administrative process is exhausted.
The 2nd Circuit’s decision creates a procedural barrier that could block other detained immigrants from seeking federal court relief early in their cases. Advocates have warned that immigration courts, as DOJ entities, are not fully independent from the executive branch that is also prosecuting the deportation.
What You Can Do Now
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Call your senators at (202) 224-3121 and ask them to co-sponsor the Due Process for Americans Act, which would restore federal court jurisdiction over immigration detentions. Tell them: “Immigration courts answer to the DOJ, not an independent judiciary. Permanent residents deserve a real court.”
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Contact the Senate Judiciary Committee at (202) 224-7703. The committee oversees immigration court reform. Ask members to hold hearings on the structural independence of immigration courts from the executive branch.
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Find your House representative at house.gov/representatives/find-your-representative and ask them to support legislation requiring Senate-confirmed immigration judges rather than DOJ-employed ones.
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Contact the ACLU of Vermont at (802) 223-6304 to ask how to support Mahdawi’s ongoing legal defense or to report similar cases of lawful residents arrested during government appointments.
Sources
VTDigger: Federal Appeals Court Overturns Vermont Judge’s Ruling Releasing Mohsen Mahdawi
ACLU: Mohsen Mahdawi Case Overview and Legal Updates
Reuters: Trump Administration Targets Pro-Palestinian Student Activists for Deportation
Brennan Center for Justice: Immigration Courts Lack Independence from Executive Branch