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On April 14, 2025, federal agents arrested Mohsen Mahdawi, a lawful permanent resident and college student, during his interview for citizenship. Mohsen had been involved in pro-Palestinian protests at Columbia University. Secretary of State Rubio, citing a statute giving him the authority to render a noncitizen deportable based on “foreign policy consequences” to the United States, alleged Mahdawi’s participation in “pro-Palestinian protests” and other advocacy could “potentially undermine the peace process underway in the Middle East.” Secretary Rubio’s determination led to Mohsen’s arrest, detention, and deportation proceedings.

On April 30, a federal district judge ordered Mahdawi released from detention while his case proceeded, concluding that Mahdawi had raised a substantial claim that the government retaliated against him for exercising his First Amendment rights. The government appealed to the U.S. Court of Appeals for the Second Circuit.

On August 25, ������ýapp�ٷ�—joined by the National Coalition Against Censorship, the Cato Institute, PEN America, and First Amendment Lawyers Association—filed a “friend of the court” brief asking the Second Circuit to affirm the district judge’s order releasing Mahdawi from detention. Because nobody in the United States should fear arrest for expressing an opinion the government dislikes.