Updated at 6:47 p.m.
Federal Judge William Sessions III held a telephone status conference Thursday to examine conditions of release for Rümeysa Öztürk, the Tufts University student formerly detained in Louisiana at a U.S. Immigration and Customs Enforcement detention center.
Sessions, presiding in the U.S. District Court of Vermont, ordered Öztürk’s release last week. U.S. Immigration and Customs Enforcement imposed what it said are standard conditions of release in Öztürk’s case, except for a condition for a GPS ankle monitoring, which will not be included.
Öztürk’s lawyer contested a condition that she could be called upon for interviews at will.
“This condition is an opportunity for ICE to impose any condition it wants and to call her in for as many interviews as it wants,” said Adriana Lafaille, a lawyer with the American Civil Liberties Union representing Öztürk. Lafaille suggested instead that ICE have a monthly reporting requirement.
Additionally, the judge suggested the conditions include stipulations for Öztürk to alert the federal agency and the Burlington Community Justice Center about any plans to travel outside of New England or to change her address.
“I do not find Ms. Öztürk to be any sort of risk of flight in this case, but it does seem that ICE should be apprised of where she’s located,” Sessions said during the hearing.
Proposed conditions also require that Öztürk cooperate with a potential final order of removal from ICE — only once all legal challenges have been exhausted — and that she not violate any state, local or federal law while under these release conditions.
Lafaille opposed the requirements, arguing Öztürk’s is not facing criminal charges and she should not be subject to ICE detainment if she does face criminal charges separate from this case.
“None of that would be appropriate,” Lefaille said in an opening statement. “All of that would compound the First Amendment violation in this case.”
Instead, to enforce the conditions, Lefaille argued, ICE should alert the court when it thinks Öztürk has violated these terms — “if anything.”
The judge suggested striking a condition that Öztürk keep ICE informed about her doctor’s orders and compliance with taking medications, given that the terms of Öztürk’s detainment have nothing to do with substance use or other health concerns. “I don’t understand the purpose of requiring her to disclose medical status,” Sessions said.
The hearing also contained details about the case’s progress and timeline. The judge ordered Öztürk’s attorneys to file a briefing on discovery within 30 days and the government’s lawyers to respond to that within 10 days. He also canceled a hearing scheduled for next week.
ACLU Vermont did not respond to a request for comment before publication.
