A federal judge has ordered the release of Salah Sarsour, the president of the Islamic Society of Milwaukee, who had been detained by U.S. Immigration and Customs Enforcement (ICE) for nearly 80 days. U.S. District Judge James Patrick Hanlon, nominated to the bench by President Donald Trump in 2018, issued the ruling on Thursday, finding that Sarsour’s First Amendment retaliation claim was substantial enough to warrant his release while his immigration case proceeds. Sarsour was released within hours of the decision and returned to Milwaukee.
Sarsour was arrested by ICE on March 30 and held at the Clay County Jail in Indiana. The Department of Homeland Security (DHS) alleged that Sarsour was permitted entry into the U.S. under the Clinton administration after falsifying information on his immigration application. The agency stated he was previously convicted overseas in connection with a Molotov cocktail attack targeting residences used by Israeli military personnel and labeled him a "terrorist." DHS described Sarsour as a national security concern, citing both allegations tied to overseas convictions and fundraising activity. No criminal charges have been filed against him in the United States.
Sarsour, a lawful permanent resident, has resided in the United States for over three decades and leads the Islamic Society of Milwaukee, Wisconsin's largest mosque. His legal team argued that federal authorities had been aware of the allegations against him for years but had not previously initiated detention or removal proceedings, despite his long-standing legal residency. They contended that Sarsour's detention was not for legitimate security reasons but rather in retaliation for his public advocacy on Palestinian rights.
Judge Hanlon, in his ruling, determined that Sarsour was neither a flight risk nor a danger to the community. The judge cited Sarsour's long residence in the United States, his strong family ties, and medical concerns as factors supporting his release. The court concluded that constitutional protections, particularly those related to political expression, outweighed the government’s justification for his continued detention at this stage of the proceedings.
Sarsour’s attorneys asserted that relying on foreign proceedings and prior administrative reviews could not override First Amendment protections or justify detention after decades of lawful residence. Upon his release, Sarsour was greeted by supporters outside the Islamic Society of Milwaukee. In a statement, Sarsour expressed relief at being reunited with his family, describing his nearly 80 days in custody as an isolating experience. He affirmed his intention to continue speaking publicly about Palestinian rights.
His legal team also raised concerns regarding the medical care Sarsour received during his detention, alleging that his diabetes was not properly monitored and that he lost significant weight while in custody. The judge’s order allows Sarsour to remain free during the litigation, but it does not resolve the underlying deportation case. Federal authorities are expected to pursue removal proceedings in immigration court, where the case will continue.
