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Judge William Sessions made the order for Öztürk's release from the bench, saying he found serious claims "of both due process and first amendment violations" in her arrest in Somerville in March.

The U.S. Justice Department is appealing decisions made by two federal judges in Vermont. It also wants to consolidate the students' cases, saying they present similar legal questions.

A federal judge in Vermont had ordered immigration officials to return the Tufts doctoral student to his court by May 1.

Judge William Sessions' order also stated the constitutional concerns raised by Rümeysa Öztürk and her attorneys warrant "full and fair consideration."

Her attorneys argue the judge had an “untenable conclusion� Öztürk was a flight risk and danger to the community.

Rümeysa Öztürk's sworn statement was filed alongside a motion from her attorneys seeking her immediate release from detention while they fight the revocation of her visa. Her case is being considered in Vermont.

Reporters Liam Elder-Connors and Derek Brouwer share a behind-the-scenes look at their reporting on Vermont's courts backlogs.

In her decision, Judge Helen Toor called out the lack of a comprehensive approach to addressing homelessness in Vermont, calling it an “overly complicated bureaucratic and financial maze.�

According to justice officials, Scott's proposed budget doesn't fund all the positions needed to manage a backlog of pending criminal cases.

A federal judge still needs to sign off on the payment amounts for the settlement, which Vermont officials announced in July.