Federal Judge Questions Legitimacy of Immigration Detention for Harvard Scientist, Grants Bail

A federal judge in Vermont stated on Wednesday that the ongoing detention of a Russian-born scientist at Harvard University by immigration officials was unwarranted, marking a significant step towards her potential release from U.S. custody more than three months after she was apprehended at Boston’s airport.

U.S. District Judge Christina Reiss remarked during a hearing in Burlington, Vermont, that it seemed immigration authorities had detained Ksenia Petrova in February and revoked her visa without factual or legal justification, triggered by the discovery of frog embryo samples in her luggage.

«This situation is both extraordinary and unprecedented,» Reiss commented.

However, Reiss was unable to mandate Petrova’s complete release from government custody since federal prosecutors in Boston charged her earlier this month with the illegal attempt to bring frog embryo samples into the United States.

Currently, the U.S. Marshals Service is detaining her, and it will be up to a judge in her criminal case to determine whether she will be granted bail and when she will appear in court, potentially as soon as next week.

Nevertheless, Reiss indicated that bail is warranted in her immigration matter, especially since U.S. Immigration and Customs Enforcement has signaled its intention to re-detain Petrova if a judge permits her bail in the criminal case.

«At today’s hearing, we demonstrated that Kseniia poses neither a danger to the community nor a flight risk, and should not remain in immigration detention,» stated her attorney, Gregory Romanovsky.

The Justice Department chose not to issue a comment regarding the case.

Petrova, aged 31, was arrested at Logan International Airport in Boston on February 16 upon her return from a trip to France. Employed at Harvard Medical School, she claimed her supervisor had asked her to bring back frog embryo samples for ongoing research.

Her detention coincides with the efforts of U.S. President Donald Trump’s administration to increase deportations and revoke student visas as part of an extensive push to further his strict immigration policies.

Similar rulings by federal judges in Vermont have led to the release of Tufts University and Columbia University students who were detained while participating in pro-Palestinian demonstrations on campus.

Judge Reiss, who is overseeing a lawsuit filed by Petrova contesting her immigration detention, noted that Petrova presented a significant argument that «her current detention results from a process unrelated to the merits of the case.»

Reiss stated that the embryos were «non-harmful, non-toxic, and non-living,» posing no risk to anyone, and that Petrova was likely to prove that these samples did not fall under the category of biological material she was required to declare to customs.

She also mentioned that although Petrova requested permission to return to France at the airport, the government instead chose to detain her with the aim of deporting her to Russia—a situation Petrova fears following her protests against Russia’s actions in Ukraine.