SAN FRANCISCO — A visiting British journalist who was detained by Immigration and Customs Enforcement last month — allegedly for expressing opinions disfavored by the Trump administration — will be released from custody following his agreement Monday to voluntarily leave the country, advocates said.
Sami Hamdi, a British journalist and political commentator, had been visiting the United States on a speaking tour when he was detained at San Francisco International Airport on Oct. 26. At the time, a federal spokesperson accused him without evidence of “support(ing) terrorism and undermin(ing) American national security.” The U.S. Department of Homeland Security also confirmed that it had revoked Hamdi’s visa.
The agreement with the federal government also establishes that Hamdi will not be considered a “danger to the community or to national security,” according to a press release from the California chapter of the Council on American-Islamic Relations, one of the organizations representing Hamdi.
Hamdi’s charging document “alleged only a visa overstay,” CAIR-CA said, noting that his visa had been revoked by the federal government “without cause and without prior notice.” The government also did not identify security concerns or criminal conduct as reason for his detainment. CAIR-CA officials have said they believe that Hamdi was detained due to his criticism of Israel.
“It is this simple: Sami never should have spent a single night in an ICE cell,” said CAIR-CA CEO Hussam Ayloush in the press release. “His only real ‘offense’ was speaking clearly about Israel’s genocidal war crimes against Palestinians. Sami’s case shows how quickly our government officials are willing to sacrifice our First Amendment and free press when a journalist uses his platform to dare put America first before Israel.
“His forthcoming release is welcome, but it does not erase the message this sends to every activist and journalist watching—and every authoritarian dictatorship worldwide who can now claim they are following America’s example.”
Tricia McLaughlin, assistant secretary for public affairs for the Department of Homeland Security, said Monday in response to a request for comment that Hamdi was “an illegal alien and terrorist sympathizer who cheered on Hamas following its October 7 terrorist attack.”
“(He) requested voluntary departure, and ICE is happily arranging his removal from this country,” McLaughlin said. “Under President Trump, those who support terrorism and undermine American national security will not be allowed to work or visit this country. That’s just common sense.”
Hamdi had traveled to the United States to embark on a speaking tour, which included a speech at a CAIR-CA gala in Sacramento. He entered the country Oct. 19 using a B-1/B-2 visa, which are for business and tourism puroses.
The federal government did not allow Hamdi to return to the United Kingdom after his visa was revoked, CAIR-CA said.
Just days after his initial detainment, Hamdi’s legal team filed requests for a temporary restraining order against transferring Hamdi out of state and barring his removal from the country until legal proceedings were complete, citing concerns that other individuals who had been detained because of criticism of the Israeli government were transferred to detention centers in Louisiana where they could not access their families or legal teams. Attorneys also sought a petition of habeus corpus to protect his constitutional rights.
In the legal filings, Hamdi’s legal team expressed concerns that he had been detained without reasonable suspicion or an arrest warrant.
The government’s response to the legal filings “raised jurisdictional arguments and never rebutted the merits of Hamdi’s constitutional claims,” CAIR-CA said. A federal judge sided with Hamdi and issued a TRO prohibiting ICE from transfering Hamdi out of California pending the litigation of his constitutional claims and habeus petition.
Hamdi was represented in legal proceedings by attorney Hassan M. Ahmad of the HMA Law Firm, the Muslim Legal Fund of America and CAIR-CA.
CAIR-CA also raised concerns that DHS “used its official social media platforms to malign (Hamdi).”
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