US Department of Justice appeals scholar's release to Supreme Court

The U.S. Department of Justice has petitioned the Supreme Court to overturn a ruling that allowed the release of Badar Khan Suri, a Georgetown University postdoctoral fellow and Indian citizen. Suri was detained by Immigration and Customs Enforcement in March 2025 under a statute alleging he threatened U.S. foreign policy, a move critics linked to his pro-Palestinian activism and familial ties to a former Hamas adviser.

A district court previously ordered Suri’s release, finding he likely could prove his arrest was retaliation for constitutionally protected speech. This was upheld in July by the 4th Circuit Court of Appeals, which ruled that federal courts have the authority to hear challenges to unconstitutional immigration detention.

The Department of Justice is now arguing that federal courts lack jurisdiction to release noncitizens from immigration detention, asserting that such challenges must be handled within the immigration court system overseen by the DOJ. The Supreme Court’s decision on whether to hear the case could significantly impact the ability of federal courts to intervene in immigration enforcement and deportation proceedings.