Turns out, according to the NYT, the Trump administration is trying to use the same unconstitutional provision it is using vs Mahmoud Khalil.

"Tricia McLaughlin, a spokeswoman for Homeland Security, said that Ms. Ozturk was detained under a rarely used provision of the Immigration and Nationality Act, which the administration is also using to try to deport Mr. Khalil."

In that case, Secretary of State Marco Rubio had to legally personally sign off on this arrest.

https://www.google.com/amp/s/constitutioncenter.org/amp/blog/immigration-law-from-the-1950s-may-play-role-in-columbia-deportation-case