Judge Orders Release of Islamic Society’s President Amid Retaliation Claims

A federal judge, appointed by President Donald Trump, has ordered the release of Salah Sarsour, president of the Islamic Society of Milwaukee, from U.S. Immigration and Customs Enforcement (ICE) detention. Sarsour had been held for three months.

In a detailed 29-page order, U.S. District Judge James Patrick Hanlon stated that Sarsour presented a significant First Amendment retaliation claim. This could make his detention unlawful. The Trump administration had accused Sarsour of financially supporting a terror group.

Sarsour, a green card holder for nearly 30 years, was charged by the Department of Homeland Security (DHS) for allegedly lying on his 1998 application. The judge noted that Sarsour was a lawful resident and questioned the timing of the enforcement action.

Upon his release, Sarsour was greeted by hundreds at the Islamic Society of Milwaukee. “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,” Sarsour expressed to the crowd, as reported by WTMJ in Milwaukee. “I am back to serve my community who I am so proud of.”

Salah Sarsour’s Background

Sarsour applied for a visa at the U.S. Consulate in Jerusalem in 1993. DHS claimed his application was denied due to allegations of violent activities. Despite these allegations, he entered the U.S. later that year as a conditional resident and allegedly lied on his green-card application five years later.

Sarsour, a Wisconsin resident for many years, has denied the DHS allegations. The Islamic Society of Milwaukee praised him as a family man and community supporter in a statement following his detention.

“Along the way, he has supported dozens of community members, hiring countless Milwaukeeans who needed a job, and building up advocacy and educational organizations to bring greater voice to immigrants, Palestinians, and Muslims across Wisconsin and the country,” the statement said.

Judge’s Ruling

The judge outlined several key points in Sarsour’s release order:

• Sarsour’s speech is protected political speech.
• Detention significantly limits a person’s liberty.
• There’s evidence suggesting the detention could be retaliatory by nature.

The judge emphasized that the ruling only focuses on the legality of Sarsour’s continued detention, not on the possibility of his deportation.

“The Court does not decide the ultimate outcome…or the merits of the charges of removability,” Judge Hanlon clarified, adding the decision is about whether Sarsour’s claim is sufficient to justify his release.

First Amendment Concerns

The core of Sarsour’s case is the argument of political targeting due to his advocacy for Palestinian rights and his involvement with the American Muslims for Palestine. The court highlighted the situation as an illustration of protected political speech.

“Political speech [is] at the core of what the First Amendment is designed to protect,” Judge Hanlon stated. He added that noncitizens in the U.S. retain constitutional protections once they lawfully enter the country.

Disregarding the government’s foreign policy concerns, the court ruled, “the mere invocation of foreign relations concerns does not automatically trump First Amendment rights.”

Possible Retaliation Evidence

In supporting Sarsour’s claims, the court examined several factors:

• The allegations used against him had been known for decades, yet action was suddenly taken in recent times.
• Sarsour has consistently spoken in support of Palestinian rights.
• His arrest occurred during a period of heightened government scrutiny of pro-Palestinian advocacy.

The judge concluded that these facts make it reasonable to infer that Sarsour’s speech was a factor in his detention.

A DHS spokesperson refuted any claims of discrimination, labeling Sarsour as a “terrorist.” They asserted, “There is no First Amendment right to fund terror organizations and lie on immigration forms.”

Future Proceedings

Judge Hanlon approved Sarsour’s release on specific conditions. Sarsour must live in Wisconsin, attend all court hearings, and engage in all immigration processes while his case is under review.