Federal Judge Rules ICE Must Immediately Free Indonesian Man Overstaying Visa

A federal judge in Minnesota has ordered the immediate release of Aditya Harsono, a 34-year-old Indonesian national who had been held by U.S. Immigration and Customs Enforcement (ICE) since late March over allegations of overstaying his student visa. The decision follows arguments that his detention violated his First Amendment rights.

Harsono was arrested by ICE agents at his workplace in Marshall, Minnesota, on March 27 and subsequently held at Kandiyohi County Jail in Willmar. Court documents indicate that Harsono’s legal team argued his arrest was retaliation for his participation in protests following the 2021 police-involved killing of Daunte Wright, as well as his expression of political views online.

U.S. District Judge Katherine Menendez ruled Wednesday that Harsono is “in custody in violation of the First Amendment and is entitled to a writ of habeas corpus for his immediate release.” She further stated, “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.”

Judge Menendez ordered Harsono’s release within 48 hours. According to his attorney, Sarah Gad, Harsono's family has posted a $5,000 bond to facilitate his release.

Harsono originally arrived in the United States legally in January 2015 under a student visa to study at Southwest Minnesota State University. He married an American citizen in October 2023 and was reportedly in the process of applying for a green card when his visa was revoked, days before his arrest.

Responding to inquiries, a senior Homeland Security official stated that Harsono had previously been arrested by Lyon County Sheriff’s Office in October 2022 for property damage and was convicted on February 7, 2023. The official claimed law enforcement considered him a public safety threat. However, Harsono’s attorney emphasized to local media that his misdemeanor vandalism conviction does not qualify as a deportable offense.

Harsono’s lawyers argued in court that the government targeted him due to his activism and political expression, particularly referencing posts made on the Instagram page of his clothing line, which featured messages such as “Free Palestine” and “Black Lives Matter.”

Attorney Sarah Gad noted what she described as a pattern: “There seems to be this trend recently where international students who have engaged in some type of activism or expressed political speech or support for Palestine – something along those lines – their student visas get revoked.”

As of Thursday, Harsono’s legal team had not issued further comment.

• Name: Aditya Harsono
• Nationality: Indonesian
• Held Since: March 27, 2024
• Location: Kandiyohi County Jail, Willmar, MN
• Basis for Detention: Alleged visa overstay; revoked visa following activism
• Legal Outcome: Ordered released within 48 hours with $5,000 bond

The ruling marks a significant judicial response to concerns over freedom of expression for international students and recent immigration enforcement actions.