South Korean Columbia student, green card holder who has been in US since she was 7, cannot be deported: federal judge

US District Judge Naomi Reice Buchwald determined that government lawyers had not provided sufficient evidence to justify detaining Chung while her case continues. Chung, 21, came to the United States at age seven and later obtained legal permanent residency through a green card, according to the Associated Press.

Per CBS News, ICE officials have been seeking Chung since earlier in March. They have reportedly visited her parents’ residence and told Chung’s lawyers that there is an administrative warrant out for her arrest.

The Department of Homeland Security issued a statement Monday alleging that Chung had "engaged in concerning conduct," including a prior arrest. However, Buchwald found that the government had not presented any evidence that she posed a danger or was associated with terrorist organizations.

“Nor was it clear why Ms. Chung would pose potentially serious adverse foreign policy consequences,” the judge stated, referencing the Trump administration’s rationale used in Chung’s case and others regarding student protesters it is attempting to deport.

“What is the issue with permitting her to stay in the community and not be subjected to ICE detention while the parties participate in rational, orderly briefing?” Buchwald wrote.

The Trump administration has been pursuing the removal of noncitizens who participate in protests the government deems antisemitic or sympathetic to Hamas. The president signed an executive order in January aimed at cracking down on antisemitism, threatening to cancel visas of foreign students who are “Hamas sympathizers” and “pro-Jihadist.”

Chung’s lawyers said immigration officials sought to deport her following her participation in a sit-in protest at Barnard College’s library. She was arrested on a misdemeanor charge of obstructing government administration after the group of protesters did not move when ordered by police. According to her lawsuit, she was released with a court date and later suspended by Columbia.

Following the incident, officials informed Chung’s attorneys that her permanent residency status was being revoked and that the government intended to arrest her. Immigration agents reportedly searched for her at her parents’ home and Columbia dorm but did not find her, the lawsuit claimed.