A Judge Orders ICE to Free a Wisconsin Mosque Leader, Citing a 'Substantial' Free Speech Claim

A federal judge ordered immigration officials to release Salah Sarsour from jail on Thursday. Sarsour is the leader of the largest mosque in Wisconsin and a legal permanent resident of the United States. The judge said Sarsour had a strong claim that he was arrested because of his public support for Palestinian rights, which would be a violation of his free speech rights.

Sarsour, who was born in Palestine, was taken into custody by U.S. Immigration and Customs Enforcement — known as ICE — on March 30. He had lived legally in the United States for more than 30 years. The government said he was a threat to U.S. foreign policy, but his lawyers argued he was targeted simply because he spoke out against Israel's treatment of Palestinians.

U.S. District Judge James Patrick Hanlon wrote that lawyers for ICE and the Department of Homeland Security did not give enough proof to show that Sarsour's free speech had nothing to do with his arrest. The judge also pointed out that the government had known Sarsour for 25 years and had reviewed his background at least four times. Despite all of that, officials did not try to arrest him until 2025.

Judge Hanlon also rejected the government's argument that Sarsour, as a non-citizen, does not have the same rights under the First Amendment as U.S. citizens. The judge explained that people who enter the country legally are protected by the same rights in the Constitution as everyone else inside U.S. borders. He ordered Sarsour to be released from a county jail in Indiana and allowed to return to his home in Milwaukee while his immigration case continues.

Sarsour was released a few hours after the ruling. He said in a statement, 'I am so relieved to be with my family. For 80 days, I haven't been able to step outside and breathe fresh air.' He also said he would keep speaking up for Palestine no matter what.

Sarsour has Type 2 diabetes, and his lawyers said his health suffered badly while he was locked up. He lost more than 30 pounds during his time in jail. His lawyers said his blood sugar was only checked once a month, which put him at serious risk of organ failure or even death.

Sarsour's legal team celebrated the ruling but said he never should have been jailed in the first place. They also warned that the case was important for everyone. If the government can silence one person for speaking out, they said, then all Americans' free speech rights are in danger.

The Department of Homeland Security did not comment right away. Earlier in the month, a DHS spokesperson had called Sarsour 'a criminal and a terrorist' and said all people held by ICE receive proper food and medical care. However, an investigation by KFF Health News and the AP found that hundreds of people held by ICE in at least 33 states have filed lawsuits claiming they did not receive proper medical treatment.

Sarsour does not have a criminal record in the United States. He was convicted by an Israeli military court in 1989 and again in 1995 for crimes he says he did not commit. Those Israeli military courts have faced criticism for having very high conviction rates and giving Palestinians limited ability to defend themselves.

Sarsour's family was overjoyed at his release. His son, Kareem Sarsour, said in a statement, 'We're getting our dad back!' He described the past months as 'a nightmare' and said his father is 'a voice for the voiceless and the heart of our family and our community.'