Federal Judge Orders Release of Islamic Society Leader from ICE Detention

A federal judge has ordered the release of Salah Sarsour, the president of the Islamic Society of Milwaukee, from Immigration and Customs Enforcement (ICE) detention after being held for three months. Appointed by President Donald Trump, U.S. District Judge James Patrick Hanlon made the ruling in a 29-page order. Hanlon pointed to Sarsour’s substantial First Amendment retaliation claim, potentially rendering his detention unlawful.

Sarsour, a green card holder for nearly 30 years, was accused by the Department of Homeland Security (DHS) of lying on his 1998 application. Hanlon noted Sarsour’s status as a lawful resident and questioned the timing of the enforcement action. Welcomed by hundreds outside the Islamic Society of Milwaukee upon his release, Sarsour expressed gratitude to his supporters, stating, “I owe this to my community.”

“Because of people like you, and people of freedom that stood with justice, that’s why I’m back,” Sarsour told the crowd according to WTMJ in Milwaukee.

On Friday morning, Newsweek sought comment from Sarsour’s family and attorney.

Who Is Salah Sarsour?

DHS alleged Sarsour’s visa application at the American Consulate in Jerusalem in 1993 was denied due to accusations of throwing a Molotov cocktail and attempting to possess weapons. He later entered the U.S. as a conditional resident in the same year, with DHS claiming he lied on his green card application five years later. Sarsour, a long-time Wisconsin resident, has denied these accusations. The Islamic Society of Milwaukee highlighted his community contributions, noting his support of immigrants and advocacy for Palestinian and Muslim rights across Wisconsin and beyond.

The Judge’s Ruling

The judge ruled that Sarsour’s speech qualified as protected political speech, his detention significantly deprived liberty, and there was evidence of a retaliatory motive by the federal government. The ruling focuses on the legality of Sarsour’s detention while his challenge is pending, rather than his potential deportation.

The Court does not decide the ultimate outcome…or the merits of the charges of removability,” the judge emphasized.

First Amendment Considerations

Sarsour argued his advocacy for Palestinian rights led to targeting by authorities, specifically through his role with the nonprofit American Muslims for Palestine. The court underscored his speech’s constitutional protections.

“Political speech is at the core of what the First Amendment is designed to protect,” the order states.

The judge noted noncitizens in the U.S. retain constitutional protections, stating that lawful entry invests rights guaranteed by the Constitution. Rejecting the government’s foreign policy concerns, the court expressed that these do not automatically overshadow First Amendment rights.

Evidence of Possible Retaliation

The court highlighted evidence suggesting Sarsour’s speech influenced his detention. The judge noted the government’s prior knowledge of allegations for decades without arrest or detention until 2026, coinciding with his advocacy for Palestinian human rights. His arrest aligned with government actions against pro-Palestinian advocacy.

“There is no First Amendment right to fund terror organizations and lie on immigration forms,” a DHS spokesperson told Newsweek. “Any accusation of discrimination by ICE agents is FALSE.”

The DHS described Sarsour as a terrorist convicted of throwing Molotov cocktails and lying on his green card application.

Next Steps

The judge ordered Sarsour’s release with conditions including residency in Wisconsin, attendance at court hearings, and participation in immigration proceedings while the case is reviewed.