Columbia student detained by ICE released; school says DHS used false pretenses to seize her
Elaina Aghayeva, a Columbia University undergraduate student from Azerbaijan, was detained by ICE under claims that her student visa was terminated in 2016. Advocates and officials criticized the Department of Homeland Security for potentially misrepresenting their actions and lacking proper warrants, prompting protests and calls for investigation. Aghayeva was released hours after her detention, which she and her supporters described as being conducted under false pretenses.
NEW YORK (WABC) -- A Columbia student who was detained by the Department of Homeland Security on Thursday, was released, and returned home hours later.
Immigration advocates said ICE did not have a proper warrant, and lied to detain the 29-year-old student, Elaina Aghayeva.
Mayor Zohran Mamdani said he shared his concerns about the detainment of Aghayeva, a Columbia undergraduate, during a meeting with President Donald Trump at the White House on Thursday afternoon, to which the president said she would be "released imminently."
Aghayeva posted to her Instagram account, saying "I am so grateful for everyone of you. I just got out a little while ago. I am safe and okay."
The Department of Homeland Security said Aghayeva, an international student from Azerbaijan, came to the U.S. on a student visa, which they say was terminated in 2016 during the Obama administration.
"ICE arrested Elmina Aghayeva, an illegal alien from Azerbaijan, whose student visa was terminated in 2016 under the Obama administration for failing to attend classes," a DHS official said in a statement. "The building manager and her roommate let officers into the apartment. She has no pending appeals or applications with DHS."
Aghayeva is an undergraduate in the class of 2026, studying neuroscience and political science.
News of her detainment came via a letter to members of the Columbia community.
The university's acting president, Claire Shipman, said that federal agents entered a residential building and detained a student around 6:30 a.m. on Thursday.
"Our understanding at this time is that the federal agents made misrepresentations to gain entry to the building to search for a "missing person." We are working to gather more details," Columbia said in the letter.
They advise students, "If law enforcement agents seek entry to non-public areas of the University, ask the agents to wait to enter any non-public areas until contacting Public Safety. Public Safety will contact the Office of the General Counsel to coordinate the University's response. Do not allow them to enter or accept service of a warrant or subpoena."
Aghayeva detainment sparked an "emergency rally" on campus Thursday afternoon, and responses from prominent elected officials, including Gov. Kathy Hochul.
"A rogue deportation agenda is operating with zero transparency and even less accountability," Hochul said. "This morning, ICE agents misled campus security and took a young woman from her college dorm without a judicial warrant. No one should disappear at the hands of the government. No student should be taken from their dorm through deception."
Hochul said incidents like these "demand an independent investigation and real accountability."
New York City Council Speaker Julie Menin and City Council Majority Leader Shaun Abreu's released a joint statement saying:
"This morning we were briefed on a disturbing incident on the Columbia campus. Around 6:30am, ICE reportedly made misrepresentations to a security officer, purporting to be searching for a missing person. The agents subsequently detained a student.
"ICE has no place in our schools and universities. These activities do not make our city or country safer, but rather drive mistrust and danger. As Columbia College alumni, our hearts are with the community there, and we have been in contact with the University to offer our assistance."
Public Advocate Jumaane Williams spoke out in response to the reports.
"Columbia's leadership bent the knee to the Trump administration last year, and this incident should show them that caving to this bully only invites further abuse," Williams said. "Now, the institution needs to reverse course and stand with the faculty and staff committed to standing up- it's on all of us to stand with immigrant New Yorkers- including the student detained and all those under threat."
The Department of Homeland Security denied that ICE agents posed as NYPD officers, saying "The Homeland Security Investigators verbally identified themselves and visibly wore badges around their necks. They did NOT and would not identify themselves as NYPD."
Aghayeva's attorney filed lawsuits on Thursday in federal court to help get her released.
"It's not surprising because for a very long time this administration and just ICE in general has operated with these tactics," said immigration attorney Veronica Cardenas.
Cardenas does not represent the student, but said Aghayeva's attorney filed what's called a "habeus corpus," which is one of the only ways non-citizens can get action. It's filed in *federal court instead of immigration court.
"A habeus is looking for an independent federal court judge to determine whether ICE lawfully arrested her and can lawfully detain her and at this moment it's the only mechanism that many non citizens have to really get their rights adjusted," she said.
Aghayeva's attorney also filed a temporary restraining order, which would ensure she stays in this area, and not moved to another part of the country while this plays out in court.
Mamdani's update that Aghayeva would be "released," came just a few hours later.
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