A federal judge has granted bail to a Russian medical researcher at Harvard University in her immigration case, but she still faces a criminal smuggling charge and will remain in detention.
At a hearing on May 28, Judge Christina Reiss of the District Court of Vermont said that Kseniia Petrova’s continued immigration detention was unjustified. She gave the federal government until May 30 to propose the terms of release.
Petrova, a citizen of Russia, was detained in February by Customs and Border Protection officers at Boston’s Logan International Airport after returning from a trip to France. Her visiting scholar visa was revoked on the spot, triggering removal proceedings. She was then transferred to an Immigration and Customs Enforcement (ICE) detention facility in Louisiana.
According to prosecutors, a police dog at the airport “alerted its handler to the defendant’s checked duffel bag on the baggage carousel,” after which Petrova allegedly denied carrying any biological material. They also alleged that Petrova’s phone revealed text messages from an individual identified as one of Petrova’s colleagues informing her that she was required to declare the samples at customs in Boston.
Despite the May 28 immigration ruling, Petrova will remain in criminal custody. Reiss has denied a motion from Petrova’s attorneys to preemptively block ICE from re-detaining her if she secures bail in the criminal case.
A bail hearing has not yet been scheduled.
“We are gratified that today’s hearing gave us the opportunity to present clear and convincing evidence that Kseniia Petrova was not carrying anything dangerous or unlawful, and that customs officers at Logan International Airport had no legal authority to revoke her visa or detain her,” Gregory Romanovsky, an attorney for Petrova, said in an emailed statement.
Petrova’s case has prompted 17 U.S. senators, along with Massachusetts Attorney General Andrea Campbell, to call for her release, citing fears for her safety if she is deported to Russia.
According to the letter, Petrova was arrested in Russia in 2022 for participating in anti-war protests and calling for President Vladimir Putin’s impeachment on social media. She holds a Schengen visa that would allow her to stay in European Union countries for at least 90 days if deported from the United States.
A spokesperson for the Department of Homeland Security said that Petrova was lawfully detained.
“Messages found on her phone revealed she planned to smuggle the materials through customs without declaring them. She knowingly broke the law and took deliberate steps to evade it,” the spokesperson said in an emailed statement.
“A visa is a privilege, not a right. The Trump administration will not give up its mission to restore common sense and the rule of law to our immigration system, and we will continue to fight for the arrest, detention, and removal of aliens who have no right to be in this country.”
