Sarsour’s Detention and Release
A federal judge appointed by President Donald Trump ordered the release of the Islamic Society of Milwaukee’s president from U.S. Immigration and Customs Enforcement (ICE) custody. This occurred following three months of detention. U.S. District Judge James Patrick Hanlon issued a 29-page order stating that Salah Sarsour raised a substantial First Amendment retaliation claim, potentially rendering his detention unlawful. The allegations stemmed from the Trump administration’s accusation that he funded a terror organization.
Sarsour, a green card holder for nearly 30 years, faced accusations from the Department of Homeland Security (DHS) of lying on his green card application in 1998. Judge Hanlon recognized Sarsour as a lawful resident and questioned the timing of enforcement actions against him.
Upon his release, Sarsour received a warm welcome from hundreds of supporters outside the Islamic Society of Milwaukee. WTMJ in Milwaukee reported his speech to the crowd, where he expressed gratitude for the support: “Because of people like you, and people of freedom that stood with justice, that’s why I’m back. I owe this to my community. I am back to serve my community who I am so proud of.”
Background on Salah Sarsour
Sarsour’s journey to the United States began in 1993 when he applied for a visa at the American Consulate in Jerusalem. DHS stated this visa was denied due to allegations of throwing a Molotov cocktail at Israeli armed forces and attempting illegal possession of weapons and ammunition. Later that year, he entered the U.S. as a conditional resident, and DHS maintained that he lied on his green card application five years later.
Having lived in Wisconsin for many years, Sarsour has refuted DHS’s allegations. The Islamic Society of Milwaukee described him as having built a strong, loving family and supported numerous community members through employment and advocacy for immigrants, Palestinians, and Muslims.
Judge’s Ruling
Judge Hanlon made three critical determinations:
- Sarsour’s speech is protected political speech.
- Detention is a significant deprivation of liberty.
- There is evidence of a retaliatory motive by the federal government.
The ruling does not determine Sarsour’s deportation status but focuses on the legality of his detention while his challenge is pending. The judge emphasized that the ruling pertains only to whether Sarsour’s claim justifies his release.
First Amendment Protections
The core issue in Sarsour’s case is his claim of being targeted due to his advocacy for Palestinian rights and his leadership role in the nonprofit American Muslims for Palestine. The court affirmed that his speech is within constitutional protections, noting that political speech is central to the First Amendment. Noncitizens in the U.S. retain constitutional rights once lawfully present.
The court dismissed the government’s argument on foreign policy as insufficient to override First Amendment rights. The judge stated that invoking foreign relations concerns does not automatically negate these rights.
Evidence of Retaliation
The court found Sarsour’s claim plausible based on several factors, including:
- The long-standing awareness of past allegations with no action until 2026.
- Sarsour’s open support for Palestinian human rights.
- The timing of his arrest amid broader government actions against pro-Palestinian advocacy.
This evidence supports the possibility that Sarsour’s speech influenced his detention, suggesting it was a motivating factor.
Next Steps
Judge Hanlon ordered Sarsour’s release, with conditions that he reside in Wisconsin, attend all court hearings, and participate in immigration proceedings while his case continues.
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