A federal judge, appointed by former President Donald Trump, has ordered the release of Salah Sarsour, the president of the Islamic Society of Milwaukee, from U.S. Immigration and Customs Enforcement (ICE) detention. This decision comes after Sarsour spent three months in detention.
U.S. District Judge James Patrick Hanlon, in a detailed 29-page order, addressed the case. He acknowledged that Sarsour presented a ‘substantial’ First Amendment retaliation claim, potentially rendering his detention unlawful. The Trump administration had accused Sarsour of financially supporting a terror organization.
Sarsour has been a green card holder for nearly three decades. However, the Department of Homeland Security (DHS) alleged that he lied on his application back in 1998. Judge Hanlon questioned the timing of this enforcement, noting Sarsour’s status as a lawful resident.
Upon his release, Sarsour was warmly welcomed by a large crowd outside the Islamic Society of Milwaukee. He expressed gratitude, saying, “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.” He stressed his commitment to serving his community.
“I am back to serve my community who I am so proud of.” — Salah Sarsour
Background on Salah Sarsour
According to DHS, Sarsour first applied for a U.S. visa in Jerusalem in 1993. It was denied due to allegations involving a Molotov cocktail incident and illegal firearm possession. He entered the U.S. later that year as a conditional resident, later allegedly lying on his green-card application.
Sarsour, a long-time resident of Wisconsin, denies these accusations. The Islamic Society of Milwaukee highlighted his contributions to the community, including employment support and advocacy efforts for immigrants, Palestinians, and Muslims.
Judicial Ruling Details
The judge’s ruling centered on:
- Protection of Sarsour’s political speech
- The severe impact of detention on liberty
- Evidence of possible government retaliation
The ruling focuses on the legality of his continued detention while his case is under review. Judge Hanlon emphasized that the decision does not resolve the question of deportation but considers whether Sarsour’s claim justifies release.
First Amendment Protections
A central argument in Sarsour’s case is his belief that he was targeted for advocating Palestinian rights and his association with the American Muslims for Palestine. The court acknowledged that his advocacy falls under constitutional protections.
“Political speech [is] at the core of what the First Amendment is designed to protect,” the order reads.
The judge affirmed that noncitizens in the U.S. are entitled to constitutional rights. Foreign relation concerns, the court noted, do not override First Amendment rights.
Indications of Retaliation
The court identified several factors suggesting that Sarsour’s advocacy influenced his detention:
- Past allegations remained unaddressed until 2026
- Sarsour’s consistent support for Palestinian rights
- His arrest amid increased government action against pro-Palestinian advocacy
Judge Hanlon indicated this might suggest retaliation motives, with Sarsour’s speech being a possible factor in his detention.
“There is no First Amendment right to fund terror organizations and lie on immigration forms. Any accusation of discrimination by ICE agents is FALSE,” stated a DHS spokesperson.
Future Proceedings
Judge Hanlon’s order for Sarsour’s release includes conditions. Sarsour must reside in Wisconsin, attend all court proceedings, and engage in immigration processes as his case progresses.