2026-09-0918longform

State Department has held a 16-year-old green-card holder and his parents for five months over his grandmother's 1979 hostage role

The family offered to pay their own way out to Türkiye; DHS refused and countered with a removal order plus continued detention.

The detention. Maryam Tahmasebi, her husband Eissa Seyed Hashemi and their teenage son — all lawful permanent residents of California — have been in immigration detention since April 2026, roughly five months as of Monday, Sept. 8, 2026. (TS: ICE's average detention stay is 52 days in FY2026; this is about 150) None of the three has a criminal record or an immigration violation. Maryam had a citizenship application pending. The charge. The government charged them under a 1990 clause of the Immigration and Nationality Act that lets the Secretary of State declare a noncitizen deportable when their presence would cause serious adverse foreign policy consequences. The reason given is Eissa's mother, Masoumeh Ebtekar, who was the spokesperson for the students who seized the U.S. embassy in Tehran in 1979 — decades before Eissa or his son were born. Marco Rubio, who as Secretary of State signs these determinations, posted his rationale publicly: "America can never become home for anti-American terrorists or their families." The conditions. Maryam and her son are held at the Dilley facility in Texas; Eissa is in a separate facility about twenty minutes away, seeing them for a few minutes every couple of weeks, with medical treatment delayed. "Our detention from day one was indefinite. Like a life prison sentence for a crime you didn't commit." — Maryam Tahmasebi Still open. A federal judge has temporarily barred their removal while habeas petitions proceed; two immigration judges are hearing the family's cases separately, and no merits ruling has come.

  • No signed Rubio memo in this case has surfaced, and court filings allege no act, statement or belief by Maryam herself

Federal judge bars removal of Mahmoud Khalil on Rubio's foreign-policy determination

Judge Michael Farbiarz ruled in June 2025 that Khalil would likely win his claim that the foreign-policy removal ground was unconstitutional as applied to him, and blocked his removal or detention on that basis. Khalil had spent 104 days in detention; the judge left the government free to pursue unrelated grounds, such as omissions in his green-card application.