A federal judge Wednesday ordered U.S. Immigration and Customs Enforcement (ICE) to immediately free a Marshall, Minnesota, man who protested police killings, citing concerns about retaliation for protected speech.
“The Court finds that Mr. H has shown that he is in custody in violation of the First Amendment and is entitled to a writ of habeas corpus for his immediate release,” wrote U.S. District Judge Katherine Menendez.
The order marks the second time in the past two weeks that a federal judge has ordered ICE to release a Minnesota international student from custody over free speech concerns.
Aditya Harsono, an Indonesian citizen who studied environmental science and business administration at Southwest Minnesota State University, was arrested at the Marshall hospital where he worked as a supply chain manager on March 27. Since then, he has been detained in the Kandiyohi County Jail in Willmar.
In detaining Harsono, the Department of Homeland Security cited a 2023 misdemeanor conviction for property damage, as well as a dismissed citation from his presence at a protest over the police killing of Daunte Wright in 2021. Harsono argued that his detention stemmed from protected speech: in addition to attending the Daunte Wright protest, he had made social media posts with phrases including “BLM” and “Free Palestine.”
Menendez found his argument convincing.
“[Harsono] shows that he has been treated differently than other foreign students with criminal records who did not engage in protected activity like he did and who were neither arrested nor detained,” she wrote.
Menendez said that the government had provided a “total lack of evidence” about why it detained Harsono or whether the government decision-makers ordering his arrest and detainment were aware of his protected speech. “This omission speaks volumes,” she said.
Menendez noted his allegations were consistent with recent announcements from DHS that it would be screening social media for immigration purposes. She said the government had also failed to explain how ICE became aware of Harsono’s criminal history and why it sought the revocation of his visa, “let alone what about that nearly two-year-old non-violent misdemeanor illustrates a present threat to public safety.”
She noted that he had easily entered the country from Indonesia recently with the same criminal history without trouble from immigration authorities at the airport. This, she said, “undermines the Respondents’ suggestion that his criminal history, not his protected First Amendment speech motivated the detention decision in this case.”
Menendez also pointed to DHS’ invocation of Harsono’s criminal complaint from a protest, despite the fact that it was dismissed.
“This further implies that his detention is motivated by his support for a particular viewpoint,” she wrote.
In a May 2 affidavit filed with the court, Harsono said he was inspired to study in Marshall because his sister had been a high school exchange student there. “She spoke with admiration about the freedom of expression, opportunities, and welcoming culture she experienced while here,” he wrote.
He said that he had intended to return to Indonesia after completing his degree, but his life took a turn when he fell in love with his next-door neighbor, who is now his wife. He explained his protest activity was guided by his values as a Muslim.
“My faith teaches me to stand up for justice and the dignity of all people,” he said. “All of my expressions of support for Palestine and opposition to police violence — whether online, through my artwork, donations, attending gatherings, or participating in protests — have always been peaceful.”
Since he had been detained, he wrote, he and his family had been devastated and traumatized.
“I feel buried alive, unable to breathe, unable to care for my family, and helpless to stop the injustices happening to me,” he wrote.
Harsono is one of at least three Minnesota international students detained by ICE in recent months. Mohammed Hoque, a Minnesota State University student from Bangladesh, was released from jail on May 6 following an order from U.S. District Judge Jerry Blackwell, who cited similar free speech concerns.
Doğukan Günaydın, a University of Minnesota student from Turkey, remains in jail despite an immigration judge dismissing his case and ordering his release, because of a rare stay DHS invoked to keep him jailed pending an appeal. DHS also invoked that stay in Harsono and Hoque’s cases, but orders from federal judges superseded that stay in those cases. Günaydın’s case is pending before a federal judge and the Board of Immigration Appeals.
Harsono has a 9-month-old daughter with special medical needs and a wife, Peyton Harsono, who is a U.S. citizen. He has applied for permanent resident status through a family-based petition. His lawyers have argued this makes his presence in the United States “independently lawful” apart from his student status.
Peyton Harsono said in a letter supporting her husband that he is the breadwinner of the family. She set up a GoFundMe account to support the family during his detention. Since Harsono’s detention, his wife and daughter have lost their health insurance, according to court filings.
Harsono’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 May 29.
Sahan Journal reporter Katelyn Vue contributed to this story.
