Rümeysa Öztürk, a 30-year-old Turkish national and PhD student specializing in child development, is now the subject of a bail release order. This comes on the heels of her recent detention by immigration officials. Her winning decision came at a court hearing where Chief Judge William Sessions pulled out alarming due process concerns from all sides of her case. Öztürk’s detention was an arbitrary act with no due process that has prompted international outcry. To this day, most critics still cite her pro-Palestinian activism, including an opinion piece she published in a student-run newspaper.
Seen in court this week wearing a bright orange prison jumpsuit, Öztürk’s elegant, fierce persona was a counterbalance to that terrible image of her current plight. She has been held under a seldom used immigration statute. This comes just a breath before the Trump administration’s blatantly political deportation order, widely condemned as such. Her legal team, including the American Civil Liberties Union (ACLU) and Clear, a legal clinic from the City University of New York, vigorously fought for her release. They made it clear that keeping her was unnecessary and harmful to her wellbeing.
Previously detained for more than 45 days, Öztürk has experienced several asthma attacks—at least 12—while in detention. Medical experts had cautioned that her condition deteriorated due to receiving virtually no treatment while in detention. Jessica McCannon, a medical expert familiar with Öztürk’s case, stated, “She is at significantly increased risk of developing an asthma exacerbation if not released, that would potentially require emergency evaluation.” McCannon emphasized the dangers of poorly managed asthma. He noted that patients can experience significant health complications if they can’t properly stay on top of their condition.
Beyond her medical issues, Öztürk has experienced traumatic circumstances during her time in detention. She reported that her hijab was forcibly removed and described the overcrowded living situation, stating, “The maximum capacity for the room is indicated … for 14 people but there are 24 people living in a small area, spanning … more than 22 hours inside of the same locked cell.” These circumstances have only added to the struggle she faces as an international student studying human rights.
Mahsa Khanbabai, one of Öztürk’s attorneys, expressed relief at the court’s decision while lamenting the time lost during her detention. I am both relieved and ecstatic that Rümeysa has been ordered released. Unfortunately, that’s 45 days too late,” said Khanbabai. “When did speaking up against oppression become a crime?”
The court’s ruling was important for confirming the chilling effect such detentions can have on free speech. Judge Sessions found that Öztürk’s ongoing detention would have a chilling effect on the First Amendment rights of others. He stated, “potentially chills the speech of the millions and millions of individuals in this country who are not citizens.”
In his order, Judge Sessions found that there was no evidence Öztürk was a danger to the community. This observation was an important factor in his decision. He ended, “This woman is fully committed to an academic life… There is not a single scintilla of evidence that she has ever participated in or promoted violence.” She didn’t have any criminal charges on her record at all. Accordingly, the court finds that she is not a danger to the community.
Öztürk now awaits the next steps in the case. At the same time, her academic advisor, Sara Johnson, is concerned about what her absence will mean for the research team. Johnson stated, “Rümeysa is a critical part of our lab… My four PhD students, including Rümeysa, run a peer-review group of all of their work, and they are missing out on her very constructive yet extremely rigorous comments.” She noted that in addition to being a great teacher, Öztürk is a mentor for junior students in the department.