A Minnesota federal judge has ordered U.S. Immigration and Customs Enforcement (ICE) to immediately release Aditya Harsono, an Indonesian man detained after allegedly overstaying his student visa. The court ruled that Harsono’s detention violated the First Amendment, with the judge asserting that the government had detained him in retaliation for his speech rather than for public safety concerns. Harsono, 34, has been held at the Kandiyohi County Jail since his arrest by ICE agents at his workplace in Marshall on March 27. The judge mandated his release within 48 hours, with his attorney confirming that a $5,000 bond had been posted by his family.
Harsono previously claimed that his arrest was retaliatory for his participation in protests following the 2021 police-involved killing of Daunte Wright. His legal team argued that his detention was linked to his social media presence, including posts on his clothing line’s Instagram page that featured messages such as ‘Free Palestine’ and ‘Black Lives Matter.’ The Minnesota Star Tribune reported that the government asserted Harsono posed a public safety threat based on a previous misdemeanor vandalism conviction from October 2022, which he was convicted of in February 2023. However, his attorney contended that the conviction is not a deportable offense.
Harsono first arrived in the U.S. under a student visa to study at Southwest Minnesota State University before marrying an American citizen in October 2023. He was in the process of obtaining a green card when his visa was revoked days before his arrest at the hospital where he works. The case has drawn attention to the broader implications for international students, particularly those involved in activism or expressing political views, as his attorneys suggest that the government has increasingly targeted such individuals. The decision has sparked debate over the balance between national security and the rights of immigrants and students in the U.S.