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Attorneys for Tufts University student accuse government of ‘secretive’ effort to move her across state lines

<i>AP via CNN Newsource</i><br/>This photo shared with The Associated Press shows Rümeysa Öztürk on an apple-picking trip in 2021.
AP via CNN Newsource
This photo shared with The Associated Press shows Rümeysa Öztürk on an apple-picking trip in 2021.

By Gloria Pazmino, CNN

Boston (CNN) — Rümeysa Öztürk, the Turkish student detained by immigration officers in Boston last month, was moved across multiple state lines as part of a “highly unusual” and “secretive” attempt to keep her from accessing her attorney or being near her home, her attorneys charged Wednesday.

In documents filed with the federal district court in Boston, attorneys for Öztürk accused the federal government of targeting the Tufts University graduate student because of her advocacy for Palestinian rights – a violation of Öztürk’s constitutionally protected right to free speech.

Attorneys filed the petition late Wednesday, asking the court to assert jurisdiction over the case or “at the very least” transfer it to Vermont – the last place where Öztürk was taken before a final transfer to Louisiana.

Boston federal judge Denise J. Casper on Friday transferred the government’s case against Öztürk to Vermont and denied the government’s motion to transfer the case to Louisiana. She also ruled her order to stop Öztürk’s deportation stands.

While the ruling on jurisdiction is a technicality, it is an important precursor to efforts by Öztürk’s attorneys to have her released pending her removal hearings.

“With this ruling, the Court has rightfully reaffirmed that Rümeysa Öztürk’s case belongs in Vermont — significantly closer to her community, her counsel, and her colleagues,” said attorney Sidra Mahfooz in a statement to CNN. “While the trauma ICE has inflicted on her for writing an op-ed is irreparable, this is the first step towards bringing her home.”

The US Attorney’s Office in Boston argued during oral arguments on Thursday the case against Öztürk should be heard in Louisiana since her lawyers failed to file a motion seeking her release in the appropriate court.

“If individual is not located in the district…the court doesn’t have jurisdiction over that person,” attorneys for the US attorney’s office in Boston said during the hearing.

Attorneys for Öztürk challenged the government’s position, telling Casper they did not file in the proper court because the government purposely kept them in the dark regarding Öztürk’s location.

“We really have a situation where it’s a government that is forum shopping – that is, whisking away a petitioner to its forum of choice and doing everything in its power to ensure that a petition cannot be filed,” attorney Adriana Lafaille said in court.

The government’s case against Mahmoud Khalil – the Columbia University graduate who was also arrested by federal agents last month – was mentioned multiple times during Öztürk’s hearing.

Both Khalil and Öztürk were transferred across state lines shortly after their arrest. The government has argued both cases should be heard in Louisiana. A federal judge ruled his case should be litigated in New Jersey, against the wishes of the government who wanted the case heard in Louisiana, where Khalil is detained.

The decisions in the two cases are a loss for Trump’s Department of Justice, which has sought to transfer cases of detained international students down south.

Documents show Öztürk was detained near her home close to Tufts’ Somerville campus, put into an SUV by masked officers and driven to several “undisclosed locations in a short period.”

Öztürk was first taken to Methuen, Massachusetts, for 14 minutes, then to Lebanon, New Hampshire, for about two and a half hours, and finally to St. Albans, Vermont.

Öztürk’s attorney read aloud the first statement from the student since her arrest at a news conference after the hearing, which said: “My life is committed to choosing peaceful and inclusive ways to meet the needs of children. I believe the world is a more beautiful and peaceful place when we listen to each other and allow different perspectives to be in the room.”

Öztürk had about 10 months left to complete her doctorate in child study and human development at Tufts University, her brother Asim Öztürk said in a statement.

Attorneys for Öztürk also accuse the government of ignoring an initial court order requiring them not to move her from the district without providing the court at least 48 hours’ notice.

“Despite this order, ICE moved Öztürk to multiple locations and eventually to Louisiana without notifying the court, her counsel, or government counsel, thereby violating the court’s directive,” the lawyers wrote.

The documents are in response to a motion filed by the US attorney’s office in Boston, which is seeking to dismiss the case to Louisiana, where Öztürk is currently held.

In their filing, attorneys for Öztürk also challenge the legality of her detention. They ask the court to release her, citing the extraordinary circumstances of the case, Öztürk’s lack of access to asthma medicine and because she is not a flight risk or danger to the community.

Living in “nightmares from post 9/11”

All Öztürk could think about in the days leading up to her arrest is whether she’d be the next international student to face detention by immigration officers, according to a longtime friend.

Öztürk’s close friend – who CNN is not identifying because of concerns of retaliation – spent time with her a week prior to her detention.

The two friends – who met seven years ago while both were pursuing their degrees – spent time together as they prepared for Ramadan. They talked about growing fears after officers detained Khalil, who the Trump administration has accused of supporting a terrorist organization.

“It’s definitely a really terrifying time, and all of my nightmares from post 9/11 are coming true of just you know, people being detained for no reason at all,” Öztürk’s friend said.

“She told me that she had started to be cautious about going out at night out of fear for her safety,” Öztürk’s friend told CNN.

Öztürk told her friend she was concerned after discovering the website Canary Mission had published her photo and created a profile accusing her of being a terrorist sympathizer.

CNN previously reported the website along with Betar USA – a pro-Israel activist organization that has been working to help identify students who have participated in last year’s protests against the Israel-Hamas war.

“That was really terrifying. You know, all her personal information was out there, all of her social media links there,” Öztürk’s friend said.

Öztürk started carrying her visa documents in her backpack – which her friend says she’d wear everywhere she went. It’s the same backpack officers can be seen removing from her shoulders as they take her into custody.

“Like every other international student she was freaked out, and she was trying to understand what were her rights in this situation, what was she supposed to do?” Öztürk’s friend said, adding they have been able to speak with Öztürk from detention in Louisiana, where she is without her asthma medicine and away from attorneys.

Öztürk’s family, who live in Turkey, are aware she is in detention and watching the case unfold from a distance, her friend said.

Tufts supports Öztürk in court filing

The legal battle over Öztürk’s detention has drawn support from Tufts University, which backed her motion for release.

In a declaration to the court, university President Sunil Kumar said Öztürk’s arrest has paralyzed the school’s international community, which now fears for its safety.

“The University has heard from students, faculty and staff who are forgoing opportunities to speak at international conferences and avoiding or postponing international travel,” Kumar said in his declaration. “In the worst cases, many report being fearful of leaving their homes, even to attend and teach classes on campus.”

Kumar’s declaration marks the first time a school has publicly defended one of its students in court.

Several international students have been detained as part of Trump’s immigration crackdown. Separately, the Trump administration has threatened federal funding cuts for several US universities.

In his declaration, Kumar also said the op-ed Öztürk wrote a last year – which was critical of the school’s response to the Israel-Hamas war – was well within the school’s guidelines and did not violate any rules.

“The University has no information to support the allegations that she was engaged in activities at Tufts that warrant her arrest and detention,” Kumar said. “The University has seen an outpouring of support for Ms. Öztürk over the last week from Tufts students, faculty and staff.”

Öztürk mentioned her op-ed in the statement read by her attorney on Thursday, saying, “Writing is one of the most peaceful ways of addressing systemic inequality.”

She continued, “Efforts to target me because of my op-ed in the Tufts Daily calling for the equal dignity and humanity of all people will not deter me from my commitment to advocate for the rights of youth and children.”

CNN’s Gloria Pazmino wrote and reported from New York, and Bob Crowley contributed from Boston. CNN’s Yash Roy contributed to this report.

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