Immigration detentions of international students expand beyond protesters
Published in News & Features
Legal questions and controversy are growing about immigration enforcement against international students after ICE’s arrest of a Turkish MBA student, Doğukan Günaydin, at the University of Minnesota last Friday.
The Department of Homeland Security told The Associated Press that the arrest followed the revocation of the student’s visa due to a DUI offense, and is not related to campus activism.
DWI arrests are a common way for unlawful immigrants to catch the attention of U.S. Immigration Customs and Enforcement (ICE), and the agency has prioritized such cases in recent months amid President Trump’s push for mass deportations. But until now, different policies have applied to foreigners on student visas.
“As long as you’re going to school full-time, paying your tuition, and not violating your status by working without authorization, there’s no reason for [ICE] to say they’re pulling you out of school … this is an expansion that has not been recognized in the law," said attorney David Wilson, who has represented other student visa holders but is not connected to the case.
He added: “If they were convicted of certain theft offenses, felonies … drug offenses, those categories of crimes remain fair game. A DWI is not on the books right now that way.”
Wilson noted that the Department of State implemented a policy nearly a decade ago to cancel international students’ visas following a DWI arrest; if they left the country and wanted to return, they would have to apply for a new visa and undergo a medical exam to assess whether they had addiction issues. But those students were permitted to continue their college education, according to Wilson. He said the department stopped the practice of revoking visas over DWIs about a year later.
While a student visa can be revoked, “there’s nothing saying ICE has the authority to pick someone up because of this,” said Wilson. Taking someone out of school and putting the student in jail “is a whole new world and there’s no authority for that that’s been established.”
In the early hours of a Saturday in June 2023, a Minneapolis police officer noticed Günaydin’s Volkswagen Jetta nearly hit a stop light, jump a curb and weave in and out of traffic.
Court records show the officer said Günaydin did not immediately stop after he activated his squad lights to pull him over; when Günaydin did stop and the officer began to step out of his car, the man drove away. After the officer called for assistance and Günaydin finally stopped, police took him to a chemical testing facility where they found his blood alcohol concentration was more than twice the legal limit.
An attorney for Günaydin argued in court filings that police made his client exit his vehicle while pointing loaded guns at him and failed to read him his Miranda rights. But in March 2024, Günaydin pleaded guilty to a DWI.
After being taken into custody over the weekend, he is now being held in the Sherburne County Jail, one of three county detention centers contracted by ICE to house immigrant detainees in Minnesota. The student has filed a federal lawsuit challenging his arrest, but it’s been sealed to the public. Neither his attorney nor the Department of Homeland Security has responded to messages seeking more information.
Universities are required to enter information about international students into a national database, allowing the federal government to track whether they are still enrolled.
Günaydin came to the U.S. from Istanbul to study at St. Olaf College, where he double majored in economics and computer science. A YouTube video shows he gave a TEDx talk as a high school student in 2016, enrolled at the time at United World College in Maastricht, the Netherlands, where he studied after leaving Turkey. He gave a speech about changing how students should approach success and failure while taking exams and applying for colleges.
During his TEDX talk, Günaydin discussed how he viewed his early schooling as being a superstar athlete, defining his own success solely off of getting good grades.
“I tried to define myself with my grades, and I ignored my weaknesses and my failures,” he says in the YouTube video. He told the story of how he reevaluated his approach to life following a difficult time when school administrators in Turkey informed him that his mother had passed away from cancer.
The 28-year-old student’s LinkedIn profile states that he’s a motivated and analytical professional seeking opportunities to collaborate and solve complex business problems. The profile says he’s set to graduate from his MBA program in May 2026.
Günaydin received a six-month sentence for the DWI at a county correctional facility that was stayed for two years. The last point of his plea agreement stated, “I understand that if I am not a citizen of the United States, my plea of guilty may result in deportation, exclusion from admission to the United States, or denial of naturalization as a United States citizen.”
About 40 professors, students and other community members at the U gathered for a peaceful protest outside of Morrill Hall Tuesday afternoon to demand more action from officials to prevent ICE detentions.
“It’s to let them know, ‘We’re paying attention, and we want to see leadership from you and for you to show the courage necessary to stand up for our community,‘” said David Fox, a professor of earth and environmental sciences who organized the protest in a personal capacity.
At Minnesota State University Mankato, news of a different international student detained last Friday at an off-campus residence has “terrified” international students, said Jameel Haque, director of the Kessel Peace Institute and professor in the Department of History.
Students are organizing and planning a protest next Wednesday on campus, Haque said.
But international students are unlikely to be there. They’ve being advised to delete their social media accounts and not engage in protests, Haque said. Professors, advisers and some embassies are telling international students to “keep your head down,” he said.
The name of the detained Mankato student has not been released. The college declined to provide the student’s name, citing privacy laws. Haque said he has not been directly involved with the student or his family, but that the student has not been involved in recent on-campus protests.
“When our constitutional rights are violated like this, people being arrested without charges, people who are here legally and with full constitutional rights being arrested without charges, it’s very troubling and it sounds an awful lot like kidnapping,” Haque said.
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