Key facts
- A federal judge ordered the release of Salah Sarsour, president of Wisconsin's largest mosque, from ICE detention.
- The judge found Sarsour presented a substantial claim that he was targeted for his advocacy of Palestinian rights.
- Sarsour, a legal permanent resident, was detained on March 30.
- The judge rejected the government's argument that Sarsour, as a non-citizen, does not possess First Amendment rights.
- Sarsour was released and returned to his Milwaukee home.
A federal judge has ordered U.S. Immigration and Customs Enforcement (ICE) to release Salah Sarsour, the president of Wisconsin’s largest mosque, from detention. U.S. District Judge James Patrick Hanlon ruled on Thursday that Sarsour, a Palestinian-born legal permanent resident, had presented a "substantial" claim that he was being targeted for his advocacy of Palestinian rights, rather than being a foreign policy threat as alleged by the government.
Sarsour was taken into custody by ICE agents on March 30. His attorneys argued that he was targeted for speaking out against Israel. Judge Hanlon noted that ICE and the Department of Homeland Security failed to provide sufficient evidence to counter Sarsour's claims of retaliation for free speech and did not adequately explain why he was suddenly considered a threat after over three decades of legal residency.
"The mere invocation of foreign relations concerns does not automatically trump First Amendment rights," Hanlon wrote, referencing his nomination by Trump in 2018. He ordered Sarsour's release from an Indiana county jail, allowing him to return to his Milwaukee home while his immigration case proceeds.
Sarsour was released a few hours after the ruling, expressing relief and stating his intention to continue advocating for Palestine and the silenced. He had lost over 30 pounds during his 80-day incarceration and faced concerns about his Type 2 diabetes management, with blood sugar checks reportedly occurring only once a month.
Sarsour's legal team celebrated the ruling, emphasizing that he should never have been detained. They warned that the government's targeting of Sarsour puts everyone's free speech rights at risk. A DHS spokesperson had previously called Sarsour "a criminal and a terrorist" and denied allegations of discrimination, though a separate investigation by KFF Health News and the AP highlighted numerous similar claims of medical neglect among detainees nationwide.
While the U.S. government was aware of Sarsour's past convictions by an Israeli military court in 1989 and 1995 for offenses related to throwing a Molotov cocktail and stones, and attempting to hold weapons, these charges had been considered multiple times over 25 years without leading to detention until now. Judge Hanlon rejected the government's contention that Sarsour lacked First Amendment rights, affirming that individuals lawfully entering the U.S. are guaranteed constitutional rights. Sarsour's strong community ties, including a U.S. citizen spouse, six children, and nine grandchildren, along with his health concerns, also factored into the decision for his release.