A federal judge in Minnesota has mandated the immediate release of an Indonesian man who was detained in late March, accused of overstaying his student visa, according to reports.
Aditya Harsono, 34, had been held at Kandiyohi County Jail in Willmar. He was arrested by ICE agents on March 27 while at his workplace in Marshall.
The court indicated that Harsono’s detention likely violated his First Amendment rights and entitled him to a writ of habeas corpus for immediate release. The ruling suggested that it appeared more plausible he was detained in retaliation for his speech rather than for public safety reasons.
Judge Menendez ordered Harsono to be released within 48 hours, as confirmed by his attorney, Sarah Gado. His family had posted a $5,000 bond.
Harsono had previously suggested that his arrest might have been retaliatory, possibly linked to his participation in protests related to racial issues, particularly following the police-involved death of Daunte Wright in 2021.
He entered the U.S. legally on January 7, 2015, with a student visa for Minnesota State University Southwest before marrying an American citizen in October 2023. Harsono was in the process of applying for a green card when his visa was allegedly revoked shortly before his arrest at his workplace.
His attorney stated that the criminal charges he faced, related to a misdemeanor, would not ordinarily result in deportation.
In recent years, many international students have had their visas canceled, particularly if they expressed political opinions, including support for Palestine. Gado mentioned that Harsono had been targeted for a social media post related to his clothing line.
