Indian student on J-1 visa released from US detention: What lies ahead

Badar Khan Suri entered the US on a J-1 visa in 2022 and has been a visiting scholar and postdoctoral fellow at Georgetown, where he taught courses on human rights in South Asia

Badar Khan Suri, an Indian scholar at Georgetown University in the United States (US), was released from immigration detention in Texas on Wednesday, following a federal judge’s ruling in his favour. Suri had been arrested in March by plain-clothes officers outside his apartment in Arlington, Virginia, and flown to Louisiana before being transferred to a detention centre in Alvarado, near Dallas.

 

On March 18, less than twenty-four hours after his arrest, he filed filed a habeas petition against Donald Trump, Immigration and Customs Enforcement (ICE), Kristi Noem (secretary of DHS), and others, asserting that he was arrested and detained in violation of his First and Fifth Amendment rights, as well as the Administrative Procedure Act (APA).

 

 

“Justice delayed is justice denied,” Suri told reporters after his release. “It took two months, but I'm extremely thankful that finally I'm free.”

 

Suri now awaits deportation proceedings in Texas while continuing to live with his family in Virginia. He entered the US on a J-1 visa in 2022 and has been a visiting scholar and postdoctoral fellow at Georgetown, where he taught courses on human rights in South Asia.

 

The J-1 visa is a non-immigrant visa for foreign nationals who want to participate in exchange visitor programs in the United States. These programs aim to facilitate educational and cultural exchange, allowing individuals to study, teach, conduct research, or participate in other activities.

 

Court rules in favour of free speech

 

US District Judge Patricia Tolliver Giles, who ordered Suri’s release, said he had “substantial constitutional claims” and was not considered a threat to the community. She added that political speech about the Israel-Gaza conflict was likely protected under the First Amendment.

 

“Speech regarding the conflict there and opposing Israel's military campaign is likely protected political speech,” said Giles. “The First Amendment does not distinguish between citizens and noncitizens.”

 

The Trump administration had revoked Suri’s visa citing his social media activity and his wife's Palestinian heritage. According to court documents, Suri’s wife is a US citizen and her father previously worked with the Hamas-backed government in Gaza. The Department of Justice alleged “undisputed family ties” to Hamas.

 

Suri’s legal team, supported by the American Civil Liberties Union (ACLU), argued that the government’s actions amounted to targeting individuals for their political views and associations.

 

“He should have never had his First Amendment rights, which protect all of us regardless of citizenship, trampled on because ideas are not illegal,” said Sophia Gregg, an attorney with the ACLU. “If they can do this to Dr Suri, they can do this to anyone.”

 

What next?

But now, the Trump administration is considering suspending habeas corpus for immigrants. Recently, senior adviser to the White House, Stephen Miller, floated the idea of suspending habeas corpus, a long-standing legal safeguard that allows migrants to challenge their detention in court. Miller is of the view that its suspension could fast-track deportation proceedings, but has drawn criticism from lawmakers and legal scholars.

 

Speaking to reporters, Miller said, “The Constitution is clear that... the privilege of the writ of habeas corpus can be suspended in time of invasion — so it’s an option we’re actually looking at, but a lot of it depends on whether the court will do the right thing or not.”

 

Reacting to Miller’s comments, US Senator Amy Klobuchar said, “Congress is not going to reverse habeas corpus — and no, the president can’t do it himself.”

 

Habeas corpus, a Latin term meaning “you should have the body,” is a legal mechanism that allows a person to appear before a court to challenge whether their detention is lawful. It’s often referred to as the “Great Writ of Liberty”.

 

Dr Sarvam Ritam Khare, an advocate-on-record at the Supreme Court of India, told Business Standard, “Habeas corpus is originally a common law concept meaning ‘produce the body’ and is the remedy in cases where a person has been wrongfully detained. The American Constitution recognises the privilege of habeas corpus as absolute and non-suspendable by virtue of Article I, Section 9, Clause 2.”

 

He added that the 14th Amendment of the US Constitution guarantees the right to life and liberty to every person in the country, regardless of citizenship. “It says that no state shall deprive any person of life, liberty or property without due process of law. This due process test opens up the question of whether such a law is constitutionally valid. So, even an enacted law cannot override personal liberty unless it passes that test,” he said.

 

“Any law suspending the judicial remedy of habeas corpus in the US is unconstitutional and against various human rights treaties — many of which the US has not only signed but helped shape,” said Khare.

 

Students fear wider crackdown

 

Suri is not alone. Other international students, including Rumeysa Ozturk of Tufts University and Mohsen Mahdawi of Columbia, have also been detained and later released. All had participated in campus protests against Israel’s military actions in Gaza.

 

The wider clampdown has left many students uncertain about their visa status. US Immigration and Customs Enforcement (ICE) recently revoked visa records of thousands of students listed in the Student and Exchange Visitor Information System (SEVIS). At its peak, nearly 5,000 students were affected, according to ICEF Monitor.

 

Although ICE later restored these records following legal pushback from universities and advocacy groups, concerns remain.

 

What students need to know

 

Indian immigration lawyer Prashant Ajmera explained the difference between immigration and criminal violations that can impact visa status.

 

“Immigration violations occur when a student breaches the terms of their visa,” said Ajmera.

 

These include:

 

< Not maintaining full-time enrolment

< Overstaying the authorised period

< Working off-campus without permission

< Starting a business without authorisation

 

“These violations can lead to termination of the Student and Exchange Visitor Information System (SEVIS) record, deportation, bans from re-entry, and future visa difficulties,” he said.

 

Ajmera added that even minor legal issues can have serious immigration consequences.

 

“Underage drinking, shoplifting, credit card fraud or possession of banned items could trigger visa revocation and removal from the US,” he said.

 

Mamta Shekhawat, founder of Gradding.com, said many students mistakenly believe only criminal offences result in deportation.

 

“Students can lose visas for non-criminal issues such as not maintaining status, providing false information or even questionable social media activity,” she said. “We’ve seen cases where incomplete forms caused rejections.”

 

Peeyush Agarwal, co-founder of Invest4Edu, warned that unauthorised work remains a common issue.

 

“Many students take up freelance work without proper authorisation,” he said. “Failing to maintain full course load or not updating university records can also cause problems.”

 

He added that lack of awareness is a key issue: “Students should be in regular contact with their international student office. Don’t assume anything is allowed just because it seems harmless.”

 

Meanwhile, Khan Suri said he was grateful to be reunited with his family, but remained concerned for others still detained.

 

“They made a subhuman out of me,” he said. “They took me from one centre to another, not letting my family know, not letting me know that I have attorneys… I feel bad for the students who are still inside.”