Detained Mankato student freed from ICE custody after court ruling
5 Mankato students may face deportation after DHS decision
After one Mankato student was detained by ICE last week, Minnesota State-Mankato President Edward Inch says five international students have lost their student status, meaning they could face deportation.
MANKATO, Minn. (FOX 9) - Minnesota State University-Mankato student Mohammed Hoque has been released from the custody of U.S. Immigration and Customs Enforcement (ICE) officials following a federal court ruling contesting the legality of his detainment.
Mohammed Hoque released by ICE
What we know:
In March, Minnesota State University-Mankato President Edward Inch announced one student had been arrested by ICE, later saying a total of five international students had had their F1 student status terminated by DHS without notice.
At the time, Hoque, 20, from Bangladesh, said he had no criminal record, and his attorneys alleged that he was arrested out of "retaliation" for his support of "Palestinian human rights."
His attorneys filed a lawsuit on his behalf to fight the detainment, claiming it was a violation of the First Amendment.
The lawsuit named President Donald Trump, Attorney General Pam Bondi, Homeland Security Secretary Kristi Noem, and St. Paul ICE Field Officer Director Peter Berg, among other officials, as defendants.
Court order
Dig deeper:
In a 17-page ruling filed Monday, U.S. District Court Judge Jerry Blackwell ordered Hoque’s immediate release from ICE custody.
Hoque’s release includes conditions previously imposed by an Immigration Court judge, who found Hoque did not pose a danger to the community, including having to pay a $7,500 bond.
In the order, Judge Blackwell writes, "the record contains sufficiently clear evidence of viewpoint-based targeting for Petitioner’s [Hoque] exercise of protected speech on a matter of public concern."
Blackwell concluded that Hoque’s arrest, "aligns with the publicly stated executive policy of targeting social media users who express support for Palestinian human rights and criticize violence in Gaza, as Petitioner [Hoque] had done.
In prior court filings, lawyers for the Department of Homeland Security had maintained Hoque was eligible for deportation because of a disorderly conduct conviction that made him a public safety threat.
But Blackwell disagreed, writing, "Even accepting the assertion… that Petitioner’s [Hoque] visa revocation was premised on his 2023 misdemeanor disorderly conduct charge, that crime does not appear to support removability… and standing alone, does not authorize revocation" of Hoque’s visa.
In a subsequent court filing, Blackwell raised constitutional questions about the actions of DHS and ICE in arresting and detaining Hoque for 40 days.
"The record continues to present serious constitutional questions regarding the lawfulness of Petitioner’s [Hoque] detention and the potential chilling effect of the Government’s enforcement actions on protected expression," Blackwell wrote.
What they're saying:
In a statement to FOX 9, ACLU-MN Legal Director Teresa Nelson says in part, "While we celebrate that Mr. Hoque has been reunited with his family, we are deeply aware that Mr. Hoque should never have been detained in the first place. We know Mr. Hoque can’t recoup the 40 days he spent in custody."
Nelson confirmed to FOX 9 that Hoque has since been released from custody on bond.
Big picture view:
In recent months, since Trump took office, FOX 9 has covered a number of students who have lost their status at Minnesota colleges. During his campaign, President Trump promised to crackdown on illegal immigration.
At the University of Minnesota, FOX 9 has been covering the detainment of graduate student Dogukan Gunaydin, who was facing removal over a drunk driving arrest in 2023. Gunaydin filed a lawsuit to contest his removal.
DHS can’t deport U of M grad student: Judge ruling
An Immigration Court judge has ruled the DHS cannot deport U of M grad student Dogukan Gunaydin, though he will remain in custody as his appeal works through the court system.
Along with his immigration policy, Trump has also vowed to take on anti-Semitism on college campuses associated with Palestinian protests.
The president issued two executive orders in January related to Palestinian protests. Addressing the second order, the president specifically warned international students that the administration would revoke student visas for "all Hamas sympathizers on college campuses, which have been infested with radicalism like never before."
The Source: Federal court documents released Tuesday, and previous FOX 9 reporting on Hoque's case.