Homeland Security Agent Said He Had To Ask A Lawyer If Öztürk’s Arrest Was Legal After Orders To Prioritize Her Case

During a national proceedings challenging nan Trump administration’s efforts to deport pro-Palestinian activists, an Immigration and Customs Enforcement supplier connected Tuesday testified that nan orders to target Tufts University doctoral student Rumeysa Öztürk were truthful unconventional that he had to activity confirmation connected nan legality of nan arrest.

Patrick Cunningham, nan supplier who oversaw nan apprehension of Öztürk successful March, told nan tribunal successful Boston that he had consulted a Department of Homeland Security lawyer to cheque that arresting her based connected her visa being revoked was legal. Cunningham besides said he had nary knowledge of immoderate criminal discourtesy she had committed.

Öztürk, who was successful ICE custody for 2 months, was released successful May.

“When you person accusation from office astatine this level, apical down, you make nan presumption that it’s legally sufficient,” Cunningham, who is portion of ICE’s Homeland Security Investigations limb successful Boston, told nan court. “But I did interaction our ineligible counsel to guarantee that we’re connected coagulated ineligible ground.”

Öztürk’s lawyer Mahsa Khanbabai said successful an email to NBC News that nan apprehension has “never been astir migration enforcement.

Rather, it “has ever been astir retaliation and reward connected protected speech,” Khanbabai said. “We are assured nan courts will proceed to uphold nan basal principles of a conscionable and free society.”

Cunningham’s grounds is portion of nan 2nd week of a proceedings successful which 5 clever clever groups, including nan Harvard University module section of nan American Association of University Professors and nan Middle East Studies Association, are alleging that nan detentions of Öztürk and others and attempted deportations violated nan First Amendment. Öztürk was grabbed by agents disconnected a Massachusetts thoroughfare successful precocious March, pinch nan DHS accusing her of engaging “in activities successful support of Hamas.”

The doctoral student co-wrote an op-ed successful nan student newspaper past twelvemonth that called connected Tufts to “acknowledge nan Palestinian genocide” and divest from companies pinch ties to Israel. The assemblage has said nan effort did not break its policies.

Cunningham was among 4 Homeland Security agents to attest successful nan lawsuit that day. He told nan tribunal that his domiciled progressive sharing accusation that HSI knew astir Öztürk to “effectively put agents connected nan thoroughfare and effort and find her.” He besides said that he had publication nan op-ed Öztürk had written anterior to nan arrest.

“I didn’t spot thing successful nan op-ed suggesting she committed a crime,” Cunningham said.

Cunningham, whose profession mostly dealt pinch supplier enforcement and investigations into money laundering, said that he had small to nary erstwhile acquisition pinch arrests based connected visa revocations. But aft Trump’s inauguration successful January, nan agency held respective meetings astir these types of arrests and really they now would beryllium a priority. Öztürk’s apprehension was based connected orders that came from DHS headquarters, he said.

“I can’t callback a clip that it’s travel apical down for illustration this pinch a visa revocation— nether my purview anyway,” he said. “With nan superiors that were inquiring astir this, it made it a priority, because we activity for them.”

Öztürk was moved to 3 locations aft her apprehension earlier she ended up successful an ICE installation successful agrarian Louisiana. Judge William K. Sessions III successful Massachusetts ordered her merchandise successful May.

“I americium not going to put a recreation regularisation connected her, because, frankly, I don’t find that she poses immoderate consequence of flight,” Sessions said.

The proceedings is expected to reason this week, pinch closing arguments slated for Friday. Earlier successful nan proceedings, Peter Hatch, a elder DHS investigations official, revealed successful a bombshell grounds that nan names of astir of nan student protesters who were flagged to nan agency for study came from nan anonymous group Canary Mission. The arguable statement publishes a elaborate database of students, professors and others who it says person shared anti-Israel and antisemitic viewpoints. For years, nan group has drawn allegations of doxxing and harassment,

“I tin opportunity that Canary Mission is not portion of nan U.S. government. It is not accusation that we would return arsenic an charismatic source, and we do not activity pinch nan individuals who create nan website,” Hatch told nan court. “I don’t cognize who creates nan website. We don’t person a narration pinch nan creators of nan website.”