Fourth Circuit Rules for Detained Pro-Palestinian Scholar, Creating Circuit Split
The Fourth Circuit upheld release of Dr. Badar Suri, creating a split on detainees’ First Amendment claims.
Why it matters: Litigators must navigate conflicting circuit rulings on detainees’ rights to challenge immigration detention involving free speech claims. This split affects constitutional protections and habeas corpus review.
- July 23, 2026: Fourth Circuit ruled 2-1 to release Dr. Badar Khan Suri, rejecting re-detention.
- Dr. Suri, on a J-1 visa, was arrested by ICE in March 2025, allegedly over his pro-Palestinian views.
- The ruling conflicts with the Third Circuit, which limits detainees’ court challenges to immigration courts.
- Fourth Circuit emphasized habeas corpus protections and rejected venue transfer to Texas.
On July 23, 2026, the Fourth Circuit Court of Appeals upheld the release of Dr. Badar Khan Suri, a Georgetown University postdoctoral fellow detained by Immigration and Customs Enforcement (ICE) since March 2025. The court rejected the Trump administration's attempt to re-detain him, ruling 2-1.
Dr. Suri, an Indian citizen on a J-1 exchange visa, was arrested allegedly in retaliation for his pro-Palestinian views and his marriage to a Palestinian-American. The ruling highlights significant tension between immigration enforcement and constitutional protections under the First Amendment.
This decision contrasts sharply with a previous Third Circuit ruling in Mahmoud Khalil's case, where the court held that immigration courts have exclusive jurisdiction over detention challenges—even when detainees raise First Amendment claims. The Fourth Circuit disagreed, emphasizing that denying judicial review undermines congressional statutes and habeas corpus rights.
The court wrote, "Denying judicial review of detention claims like Suri’s misreads Congress’ statutes and undermines the protections guaranteed all persons on American soil by the writ of habeas corpus." This stance affirmed the Eastern District of Virginia as the appropriate venue, rejecting the government’s request to transfer the case to Texas.
Legal experts note that this split creates complexity for litigators and counsel representing detainees asserting constitutional rights in immigration contexts. Noor Zafar, ACLU Senior Staff Attorney, remarked, "The federal government cannot do an end run around the First Amendment by locking people up for their speech and denying them their day in court."
By the numbers:
- 2-1 — Vote count in Fourth Circuit’s decision
- March 2025 — Date of Dr. Suri’s arrest by ICE
- July 23, 2026 — Date of Fourth Circuit ruling