A federal judge has ordered the release of the president of Wisconsin's largest mosque, ruling that immigration officials likely detained him in retaliation for his public advocacy for Palestinian rights, suppressing his First Amendment rights.
Judge's Ruling
U.S. District Judge James Patrick Hanlon's order on Thursday was a sharp rebuke against Trump administration officials, including Secretary of State Marco Rubio, who had portrayed Salah Sarsour as a national security threat.
Sarsour's legal team stated: "Salah Sarsour, who has lived in this country for more than three decades and served as a core pillar in his community without any issues, should never have been detained in the first place. While we continue to fight these baseless claims in court, today is about celebrating a family being reunited. It is also a sober reminder that, if the government can target Mr. Sarsour, everyone's free speech rights are at risk."
Background
Sarsour describes himself as a stateless Palestinian, according to the order. Immigration and Customs Enforcement (ICE) claims he is a Jordanian citizen. He has lived in the U.S. for over 30 years, becoming a legal permanent resident in 1998. Immigration officials approved his citizenship application decades ago, though he did not naturalize.
Sarsour is a board member of American Muslims for Palestine, an advocacy group. Rubio signed off on a memo to the Department of Homeland Security last year, labeling Sarsour deportable because "his actions undermine U.S. foreign policy to combat antisemitism." The memo accused his group of being "found to have been involved in activities providing funds to Hamas."
On March 30, plainclothes ICE officers from at least 10 unmarked vehicles arrested Sarsour and placed him in deportation proceedings. He was detained at Clay County Jail in Indiana, where he lost 30 pounds. His lawyers noted he was at constant risk of serious diabetes complications because medical staff only checked his blood sugar once a month.
First Amendment Violation
Judge Hanlon found that DHS officials and Rubio likely violated Sarsour's First Amendment right to free speech and arrested him in retaliation for his Palestinian rights advocacy. The order cited a New York Times article and the Heritage Foundation's website, noting that the conservative think tank presented the White House with a plan to target prominent foreign-born Muslims and Palestinian rights leaders as terrorists. Sarsour was likely among the targets.
The government argued for deportation based on two convictions from over 30 years ago in Israel: one for throwing a Molotov cocktail and another for attempting to store weapons and ammunition. Sarsour denies these crimes. However, Hanlon noted the government knew about these convictions since the 1990s and still approved his residency and citizenship application.
Hanlon wrote: "Sarsour's speech on Palestinian rights is core political speech and squarely within the scope of the First Amendment. Mr. Sarsour has submitted evidence allowing a reasonable inference that his protected speech was at least a motivating factor in Respondents' decision to detain him."
A DHS spokesperson called Sarsour a "terrorist," citing the Israeli convictions. Government lawyers argued Sarsour lacked the same First Amendment rights as U.S. citizens and proposed a $25,000 bond, ankle monitor, and home confinement. Instead, Hanlon ordered his release on personal recognizance, requiring him to remain in Wisconsin but without cash bond.
