Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Judge Buchwald Grants TRO Preventing Deportation of Columbia Student Protester

By Julie Lascano on March 30, 2025
Email this postTweet this postLike this postShare this post on LinkedIn

Last Tuesday, after oral argument, Judge Buchwald granted a temporary restraining order against the Trump administration concerning the detainment and removal of Columbia student, Yunseo Chung, who is a lawful permanent resident. A preliminary injunction hearing is scheduled for May 20, and the government is barred from detaining her or transferring her out of the Southern District in the meantime.

Ms. Chung filed her complaint last Monday, alleging that the attempted deportation violated her First Amendment rights. Ms. Chung participated in a “sit-in and protest” at Columbia on March 5, 2025, at which she was arrested and “given a Desk Appearance Ticket, . . . a common citation issued by the police at protests.” By March 10, 2025, Ms. Chung’s counsel was notified that her “lawful permanent resident status” was being revoked, and judicial search warrants were executed three days later.

The government is apparently invoking a law allowing for the removal of noncitizens whose presence or activities in the United States “would have potentially serious adverse foreign policy consequences,” as determined by the Secretary of State. Ms. Chung’s brief in support of the TRO argues that it was until recently “preposterous” to think that student protests would trigger this law:

[N]o different from generations of American students before her, Ms. Chung is a college activist who has associated with her peers to express heartfelt political beliefs, in line with long and deeply held traditions and values. Until two weeks ago, it would have been preposterous to suggest or even imagine that the Secretary of State, invoking an obscure and rarely used law, would take the view that Ms. Chung’s very presence or activities, including her speech in support of Palestinian human rights or of students facing disciplinary proceedings, could or would jeopardize U.S. foreign policy writ large.

The brief argues that the First Amendment problem arises because Ms. Chung is being targeted under this rarely-used statute for her protected speech, and not because of any genuine threat to foreign policy:

Senior federal officials have openly stated that the government aims to use the foreign policy deportation ground to deport noncitizen speakers who support one side of an ongoing political debate. Thus, where Congress contemplated rare, specific, one-off uses of the exceptional authority at 8 U.S.C. § 1182(a)(3)(C)(iii), Secretary of State Rubio by contrast sees a blank check to censor noncitizens and retaliate against speakers who espouse views contrary to President Trump’s administration. He has pledged: “We will be revoking the visas and/or green cards of Hamas supporters in America so they can be deported.” This follows through on Mr. Rubio’s previous statement, as a Senator, that noncitizens “marching at universities, and in the streets of our country . . . calling for intifada, celebrating what Hamas has done, justifying what Hamas has done . . . need to go.”

Photo of Julie Lascano Julie Lascano

Julie Wilson Lascano maintains a broad-based commercial litigation practice, representing public and private companies in all stages of litigation before state and federal courts. Her varied experience includes antitrust, IP, employment, product liability, and civil class action matters, as well as internal investigations…

Julie Wilson Lascano maintains a broad-based commercial litigation practice, representing public and private companies in all stages of litigation before state and federal courts. Her varied experience includes antitrust, IP, employment, product liability, and civil class action matters, as well as internal investigations and post-investigation compliance. Julie has represented clients across a broad array of industries, including in the financial services, logistics and energy sectors.

Active in her pro bono practice, Julie has represented clients in domestic violence, criminal justice, LGBTQ+, and housing matters, including a successful claim against a landlord that resulted in significant housing repairs for her client. During law school, she also participated in Texas Law’s Environmental Clinic.

Read more about Julie LascanoEmail
Show more Show less
  • Posted in:
    Immigration
  • Blog:
    SDNY Blog
  • Organization:
    Steptoe LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo