A federal judge has ordered ICE to release an Indonesian man who overstayed his student visa, citing violations of his free speech rights. The case raises questions about political targeting and immigration enforcement.
Key Facts:
- Aditya Harsono, 34, was arrested by ICE on March 27 at his job in Marshall, Minnesota.
- He entered the U.S. legally in 2015 on a student visa and married an American citizen in October 2023.
- He was convicted of misdemeanor vandalism in February 2023; DHS cited him as a public safety threat.
- U.S. District Judge Katherine Menendez ruled his detention violated the First Amendment.
- Harsono’s lawyers say his visa revocation and arrest were tied to political activism and Instagram posts.
The Rest of The Story:
Aditya Harsono, a 34-year-old Indonesian national, has been released from ICE custody following a court order from U.S. District Judge Katherine Menendez.
Harsono was arrested on March 27 by ICE agents at his workplace and held in Kandiyohi County Jail for over a month.
He initially entered the U.S. in 2015 on a student visa and later married an American citizen in October 2023.
Although he was in the process of applying for a green card, his visa was revoked shortly before his arrest.
Harsono was previously convicted of misdemeanor vandalism in February 2023.
In her ruling, Judge Menendez said, “The Court finds it is more reasonable to infer that Respondents have detained [Harsono] in retaliation for his speech than because of any professed public safety concern.”
His attorney, Sarah Gad, confirmed that Harsono’s family posted a $5,000 bond for his release within the required 48-hour window.
His wife, Peyton Harsono, started a GoFundMe page which has raised over $33,000.
Commentary:
Harsono’s story may tug at the heartstrings.
He’s married to an American woman and has a special-needs child. He has a job and was on the path to lawful permanent residency.
His 2023 conviction for vandalism is a misdemeanor—hardly the profile of a major public threat.
Still, DHS has a different view.
A senior Homeland Security official told Fox 9 Minneapolis-St. Paul: “U.S. Immigration and Customs Enforcement arrested Aditya Wahyu Harsono of Indonesia March 27 at his place of work. Harsono entered the United States legally on Jan. 7, 2015. Harsono was arrested by Lyon County Sheriff’s Office Oct. 18, 2022, for damage to property and convicted on Feb. 7, 2023. US law enforcement determined he poses a public safety threat.”
That statement clearly frames Harsono’s immigration violation and criminal history as grounds for action.
From a legal standpoint, once his visa conditions were violated, ICE had full authority to detain him and initiate removal proceedings.
However, his attorney paints a different picture.
“There seems to be this trend recently where international students who have engaged in some type of activism or expressed, you know, political speech or have expressed, you know, support for Palestine—something along those lines—their student visas get revoked,” said Sarah Gad.
Gad argued that Harsono was singled out for content on the Instagram page of his clothing brand, which included posts with phrases like “Free Palestine” and “Black Lives Matter.”
At the end of the day, Harsono is not a full-time student anymore. He no longer held a valid visa, and he had a criminal conviction.
By law, that makes him subject to deportation.
The real question here is whether First Amendment protections apply fully to non-citizens in such cases—and whether ICE crossed a constitutional line.
The Bottom Line:
Aditya Harsono’s release spotlights a critical tension between immigration law and constitutional rights.
While he overstayed his visa and broke the law, the judge asserts his arrest appears to be tied to his political speech.
However, ICE insists public safety is the issue.
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