A federal lawsuit alleges that the Department of Homeland Security unlawfully terminated a University of Minnesota student’s legal status and violated his due process rights by detaining him without charging him with an immigration violation.
The lawsuit filed by Doğukan Günaydın, 28, asks a federal judge to order his release from custody and reinstate his legal student status.
Günaydın, a STEM MBA student at the U’s Carlson School of Management, “feared he was being kidnapped” last Thursday when plain-clothed officers from U.S. Immigration and Customs Enforcement (ICE) wearing hooded sweatshirts surrounded him and handcuffed him outside his St. Paul home, while he was on his way to class. Records show Günaydın is currently being detained in the Sherburne County Jail, which contracts with ICE to hold their detainees.
A second Minnesota student was arrested by ICE on Friday at their off-campus residence at Minnesota State University, Mankato, according to university officials there. The Mankato student and the reason for their arrest have not been publicly identified.
According to Günaydın’s lawsuit, the federal government had not provided Günaydın or his attorney with a charging document or explained why he was arrested as of the time the lawsuit was filed on March 30.
Günaydın’s attorney, Hannah Brown, was unavailable for comment Tuesday. ICE did not respond to Sahan Journal’s requests for comment.
Günaydın, an international student from Turkey, graduated from St. Olaf College, where he received a full scholarship, according to the lawsuit. He also received a scholarship at Carlson, where he has maintained a high grade-point average and served in the MBA Student Association.
Though several other high-profile arrests of international students, including at least one from Turkey, have been connected with their political speech in recent weeks, protest activity does not appear to be a factor in Günaydın’s case, according to the lawsuit.
“Mr. Günaydın has attended no protests, and written no politically-driven publications,” the lawsuit says. “He is a STEM MBA student focused on finance and business consulting.”
Günaydın was arrested in Minneapolis in June 2023 for driving with a blood-alcohol level more than twice the legal limit of .08. He pleaded guilty to driving while impaired, a gross misdemeanor, court records show. According to the lawsuit, he “served his sentence, and complied with all conditions of his release.”
“Importantly, Mr. Günaydın has committed no crime that is cause for termination of his Student Status or that renders him deportable,” the lawsuit says.
Documentation that Brown provided in the lawsuit shows that Günaydın’s student status was terminated on the afternoon of March 27, approximately seven hours after he was detained. The termination reason given was “failing to maintain status,” with an explanation that his student record had been terminated pursuant to the Immigration Nationality Act, citing two provisions of the law that might apply in his case.
The first of these provisions says “any alien who was admitted as a nonimmigrant and who has failed to maintain the nonimmigrant status in which the alien was admitted” can be deported.
The second provision relates to politics. If the Secretary of State believes a noncitizen’s presence “would have potentially serious adverse foreign policy consequences for the United States,” that person is deportable.
However, the lawsuit argues, neither provision is a proper basis for terminating student status, and neither apply to Günaydın’s case.
The U.S. Department of Homeland Security (DHS) provides a list of reasons online that students may lose their student status, such as failing to maintain a full course load, expulsion or working without authorization.
“A conviction for driving while intoxicated is not a reason for [Designated School Officials] or DHS termination,” the lawsuit says.
DHS also does not say on its website that losing student status could result in immediate arrest and detention, the lawsuit says.
Since Günaydın was arrested before his student status was terminated, the lawsuit argues, losing his student status cannot logically be a reason for his arrest. And the foreign policy provisions do not appear to apply in this case, the lawsuit says.
“Mr. Günaydın has participated in no activities nor made any public comments or statements related to politics or the United States foreign policy,” the lawsuit says. “At no point after Mr. Günaydın’s arrest did any federal official indicate he was being charged as deportable under this statute. Neither Mr. Günaydın nor his counsel has been provided with any document or indication that he may be facing a charge related to national security or foreign policy.”
The lawsuit also points out that DHS provided two possible reasons for termination of Günaydın’s student status. “DHS appears to be unclear about the actual basis for terminating Mr. Günaydın’s Student Status,” it says.
The lawsuit asks a federal judge to release Günaydın pending further proceedings and restore his student status.
“Extraordinary circumstances exist that make Doğukan’s release essential for the remedy to be effective,” the lawsuit concludes. “Even if he is ultimately freed, as long as Doğukan remains in ICE’s physical custody, he will be prevented from speaking freely and openly and his unlawful detention will serve to chill others.”
