MILWAUKEE — A federal judge ordered U.S. Immigration and Customs Enforcement (ICE) to release the leader of Wisconsin’s largest mosque, ruling that he had presented a substantial claim that his detention may have violated constitutional free speech protections, according to court filings and statements released on Thursday.
The case centers on Salah Sarsour, president of the Islamic Society of Milwaukee, a Palestinian-born legal permanent resident who has lived in the United States for more than three decades. Sarsour was detained by ICE on March 30 and held in Indiana while immigration proceedings moved forward. Federal authorities argued that he posed a foreign policy concern, while his attorneys contended that he was targeted because of his advocacy for Palestinian rights.
In a ruling issued Thursday, U.S. District Judge James Patrick Hanlon found that Sarsour had raised a “substantial” First Amendment retaliation claim that could make his detention unlawful. The judge said government attorneys had not provided sufficient evidence to rebut allegations that protected speech played a role in the detention decision.
“The mere invocation of foreign relations concerns does not automatically trump First Amendment rights,” Hanlon wrote in the decision, according to court records.
The Department of Homeland Security has maintained that Sarsour’s detention was justified. The agency has cited convictions handed down by an Israeli military court decades ago. Sarsour has denied the allegations underlying those convictions and disputed their validity. The judge noted that U.S. authorities had been aware of the convictions for many years while evaluating his immigration status.
The case has drawn attention from civil liberties and Muslim advocacy groups, which argued that the detention reflected a broader scrutiny of pro-Palestinian activists. Supporters also raised concerns about Sarsour’s health during detention, saying he lost significant weight while managing Type 2 diabetes. Government officials have rejected claims that detainees are denied appropriate medical care.
Following his release, Sarsour said in a statement: “I will never stop speaking for Palestine and humanity, wherever I am.”
Under the judge’s order, Sarsour was released from ICE custody and allowed to return to Wisconsin while his immigration case continues. Court proceedings remain ongoing, and no final determination has been made on the underlying immigration matter.
