Palestinian woman detained for a year after protesting war in Gaza describes experience

Key Concepts

• ICE Detention: Immigration and Customs Enforcement detention facilities where non-citizens are held pending immigration proceedings.
• Undocumented Status: The legal condition of a foreign national residing in the U.S. without valid authorization (e.g., an expired visa).
• Remittances: Money sent by individuals to family members in their home countries.
• Asylum/Protection from Removal: Legal claims that an individual faces persecution, torture, or death if returned to their country of origin.
• Bond: A financial guarantee paid to the court to ensure a detainee’s appearance at future hearings; in this case, set at $100,000.

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1. Overview of the Case

The report details the experience of Leqaa, a non-citizen student and activist who was detained by ICE for nearly a year following her participation in pro-Palestinian protests at Columbia University in 2024. Although she entered the U.S. legally a decade ago, her visa expired in 2022, and her pending green card application did not grant her legal status, leading to her classification as undocumented.

2. Conditions in Detention

Leqaa provided a harrowing account of her time in ICE custody, highlighting systemic failures:

• Overcrowding and Sanitation: She reported sleeping on the floor for three months and described the food as "inedible."
• Medical Neglect: Leqaa stated that healthcare was virtually non-existent. She suffered a severe fever, which she attributes to poor nutrition and stress, eventually leading to her first-ever seizure.
• Long-term Health Impact: She has been diagnosed with epilepsy, requiring daily heavy medication and significant lifestyle restrictions (e.g., inability to drive or swim alone).
• Religious Rights: She alleged that her basic religious rights were violated, including the lack of access to Halal food, a quiet space for prayer, and the denial of hijabs for 15 days despite repeated requests.

3. Government Allegations vs. Legal Defense

The Department of Homeland Security (DHS) justified her detention based on her expired visa and alleged that she provided financial support to individuals in nations hostile to the U.S., labeling her protests as "pro-Hamas."

• Defense Argument: Leqaa’s attorney, Sharee Stokes, argues that the financial support mentioned was simply remittances sent to family members, a common practice for immigrants.
• Lack of Evidence: The defense asserts that while the government uses inflammatory language in press releases to garner attention, they have failed to provide any evidence in court to support the "pro-Hamas" allegations.
• Retaliation Claim: The defense contends that Leqaa was targeted specifically for her political speech and activism regarding Palestine, rather than solely for her immigration status.

4. Legal Status and Risk of Removal

A central point of the legal battle is the danger Leqaa faces if deported.

• Persecution Risk: Leqaa expressed fear that returning to Palestine or Israel would result in imprisonment or death due to her outspoken activism.
• Judicial Finding: Her attorney noted that an immigration judge has already ruled it is "more likely than not" that the Israeli government would persecute Leqaa if she were removed to that region.

5. Notable Statements

• Leqaa on her experience: "I did not actually experience freedom until I came to the United States."
• Leqaa on her detention: "The government, ICE literally messed up my health."
• Attorney Sharee Stokes on government tactics: "They like them [allegations] for press releases because they garner a lot of attention, but in court the government has offered no evidence to support that assertion."
• Leqaa’s message to other detainees: "Stay strong, stay helpful. We did not forget about you. Keep fighting. Keep dreaming. You did not do anything wrong. All you did was just dreaming. Dreaming should not be a crime."

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Synthesis and Conclusion

The case of Leqaa highlights the intersection of immigration enforcement, political activism, and human rights. While the government maintains that her detention is a matter of immigration law regarding an expired visa, the detainee and her legal counsel argue that the detention was a retaliatory measure against her pro-Palestinian advocacy. The case underscores significant concerns regarding the conditions within ICE facilities, the lack of medical and religious support for detainees, and the legal complexities of deporting individuals who face credible threats of persecution in their home countries. Leqaa is currently released on a $100,000 bond while her immigration case continues.