A Bangladeshi student at Minnesota State University, Mankato, who has been detained for the last three weeks on immigration charges, has sued the federal government, alleging his student status was unlawfully terminated and his constitutional rights violated.
The student is one of a dozen from MSU Mankato who had their legal status revoked in the last month and the only one known to be detained.
The lawsuit alleges that Mohammed Hoque was targeted by U.S. Immigration and Customs Enforcement (ICE) because of political views he expressed on social media about human rights violations against Palestinians in the Gaza Strip.
At least two other international students in Minnesota have filed federal lawsuits alleging similar abrupt revocation of their student legal status and detention in recent weeks. One is from Turkey, the other from Indonesia, both Muslim-majority countries, like Bangladesh.
Arrested off-campus
According to the lawsuit, Hoque, 20, was arrested by plainclothes immigration officers who followed his car as he was returning home from a coding class on March 28. They surrounded him at his home and told him his visa had been revoked.
Hoque was driven to Fort Snelling that day and his Student and Exchange Visitor Information System (SEVIS) record was terminated by the Department of Homeland Security (DHS) as he was being processed by immigration officials there, the lawsuit says.
Hoque is currently detained in the Freeborn County jail in Albert Lea. An immigration judge granted his release on bond on April 9, but DHS filed an order denying the judge’s order and forcing him to remain in detention.
According to the lawsuit, Hoque is a practicing Muslim. He was enrolled as a full-time student majoring in management information systems.
Two years ago, Hoque was charged “just months after turning eighteen” 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.
While his criminal case was pending, Hoque traveled to Bangladesh to visit family in 2023 and was allowed to return, the lawsuit says. “Had the criminal charges been grounds for visa revocation or termination, Mr. Hoque would not have been permitted to reenter the United States.”
The lawsuit also provides a few examples of Hoque’s political views on social media, where he shared posts about violence against Palestians in Gaza and included “#FreePalestine” in his Instagram profile. These examples are protected under the First Amendment, and should not be a reason for removal, according to the lawsuit.
“Mr. Hoque does not support violence and has never supported political violence,” read the lawsuit. “Protests about Gaza on the MSU campus have been peaceful.”
MSU Mankato officials declined to comment on Hoque’s case, citing student privacy laws. ICE officials referred all questions to the State Department. In a written statement, the State Department declined to answer questions on pending or ongoing “legislation.”
Hoque is asking a federal judge to grant his request, which was already approved by an immigration judge, to be released from custody on bond immediately.
Hundreds lose student status
DHS has terminated the legal status of more than 1,000 international students across the country in recent weeks.
The American Civil Liberties Union Minnesota chapter, which is representing Hoque in the federal lawsuit, said DHS has been targeting students from Middle Eastern, South Asian and Asian countries who have minor, or in some cases, no criminal convictions.
Correction: This story has been updated to clarify Mohammed Hoque’s prior interactions with law enforcement.
