An international student at Minnesota State University, Mankato, is being released today by U.S. Immigration and Customs Enforcement (ICE) after more than a month in custody. A U.S. District Court judge filed an order for his release on Monday, May 5, ruling that the federal government failed to provide evidence to keep him in detention.
“I broke into tears,” one of Mohammed Hoque’s family members said of their reaction when they heard about his release. The family member asked not to be named due to fear of government retaliation.
Hoque, a management information systems major from Bangladesh, was arrested in late March by ICE agents. The government cited a past charge of fifth-degree assault as the reason to revoke his legal status and detain him.
Hoque is one of at least a dozen MSU Mankato students who abruptly lost their legal status and the only one known to be in custody. His lawsuit alleged that he was targeted because of social media posts about human rights violations against Palestinians in the Gaza Strip.
In his order this week, U.S. District Judge Jerry Blackwell said that Hoque’s political speech, and not his past misdemeanor charge, made him a target by the government. He also agreed that Hoque’s criminal charge from two years ago does not show evidence that he is a flight risk or a danger to the public.
“Being detained by ICE interferes with Petitioner’s [Hoque] ability to speak, and it is reasonable that losing one’s freedom would chill an ordinary person from continuing to speak,” Blackwell wrote.
Blackwell also cited “exceptional circumstances” in his order. Hoque has submitted evidence that he “suffers from multiple hernias” and his health condition is worsening while in custody. Hoque also missed a scheduled surgery to repair his hernias.
“To date, Petitioner [Hoque] has only received pain medication while in custody, and medical personnel have declined to reschedule an appointment with his doctor,” Blackwell wrote. “These are not ordinary incidents of detention.”
Hoque’s immigration court case is a separate legal proceeding that will determine if he can lawfully remain in the United States. His next hearing will be Wednesday, May 7.
Hoque, 20, was arrested by plainclothes officers on March 28 by the Department of Homeland Security. They surrounded him at his home in front of his visiting parents after a coding class and told him his visa was revoked. While he was being processed at Fort Snelling, his student legal status was terminated by DHS, according to his federal lawsuit.
According to his federal lawsuit, Hoque is a practicing Muslim. On social media, Hoque shared a few posts about the violence against Palestians in Gaza and included “#FreePalestine” in his Instagram profile.
In a DHS charging document, his “criminal history” is cited as evidence for his visa revocation.
Two years ago, he was charged for disorderly conduct and fifth-degree assault for “pushing his brother’s friend after a disagreement,” according to the lawsuit. This offense is not considered removable under immigration law, however the crime is cited as evidence for a “threat to U.S. public safety” in a letter submitted by DHS to immigration court.
“Even though he shouldn’t be there in the first place, we are still really, really happy to see him finally after giving up all hope,” said the family member, adding that Hoque was arrested a couple of days before his family’s Eid celebration. “It feels like our Eid for us. It’s one of our biggest festivals for Muslims.”
An immigration judge granted Hoque’s request for release from custody on bond, however DHS filed an order denying the judge’s order and forcing him to remain in detention at Freeborn County jail in Albert Lea.
“The Government presented no evidence at the bond hearing to indicate that Petitioner [Hoque] posed a danger or flight risk, and it has submitted no evidence since then justifying his arrest or continued detention,” Blackwell wrote.
