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By Dan Gooding
Associate News Editor
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A federal judge appointed by President Donald Trump ordered the release of the Islamic Society of Milwaukee's president from U.S. Immigration and Customs Enforcement (ICE) detention Thursday after three months of detention.
In a 29-page order, U.S. District Judge James Patrick Hanlon said Salah Sarsour had raised "a 'substantial' First Amendment retaliation claim, which could render his detention unlawful," after the Trump administration accused him of funding a terror organization.
Sarsour has held a green card for nearly 30 years, but the Department of Homeland Security (DHS) accused him of lying on his application in 1998. Hanlon said Sarsour was a lawful resident and questioned why enforcement had happened now.
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Following his release, Sarsour was welcomed back home by hundreds of people outside 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 told the crowd, WTMJ in Milwaukee reported. "I am back to serve my community who I am so proud of."
Newsweek reached out to Sarsour's family and his attorney for comment Friday morning.
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Who Is Salah Sarsour?
Sarsour first applied for a visa at the American Consulate in Jerusalem in 1993, DHS said. It was denied because he allegedly threw a Molotov cocktail at the homes of Israeli armed forces and illegally attempting to possess weapons and ammunition.
He then made it into the country later that year as a conditional resident. DHS said he then lied on his green-card application five years later.
Sarsour, who has lived in Wisconsin for many years, has denied the allegations made by DHS. Following his detention at the end of March, the Islamic Society of Milwaukee said in a statement that Sarsour had "built a strong and loving family" in the city.
"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 read.
What Judge Ruled
The judge ruled that:
- Sarsour's speech is protected political speech
- Detention is a serious deprivation of liberty
- There is evidence suggesting retaliatory motive by the federal government
The ruling does not determine whether Sarsour can ultimately be deported but focuses on whether his continued detention is lawful while his challenge is pending.
“The Court does not decide the ultimate outcome…or the merits of the charges of removability,” the judge emphasized, adding that the decision is limited to whether Sarsour’s claim is strong enough to justify release.
First Amendment
At the heart of the case is Sarsour’s argument that he was targeted because of his advocacy for Palestinian rights and his role with the nonprofit American Muslims for Palestine.
The court found that his speech sits squarely within constitutional protections.
“Political speech [is] at the core of what the First Amendment is designed to protect,” the order states.
The judge also underscored that noncitizens living in the U.S. still retain constitutional protections, writing that “once an alien lawfully enters…he becomes invested with the rights guaranteed by the Constitution.”
Rejecting the government’s reliance on foreign policy concerns, the court added that “the mere invocation of foreign relations concerns does not automatically trump First Amendment rights.”
Evidence of Possible Retaliation
In finding Sarsour’s claim plausible, the court pointed to a series of factors suggesting that his speech may have played a role in his detention.
Among them:
- The government had known about past allegations cited in the case “for decades…yet did not arrest and detain him until 2026," the judge wrote.
- Sarsour has long “spoken openly about his support for Palestinian human rights.”
- His arrest came amid broader government actions targeting pro-Palestinian advocacy over the past year.
The judge said this evidence supports a reasonable inference that Sarsour’s speech was “at least a motivating factor” in the decision to detain him.
"There is no First Amendment right to fund terror organizations and lie on immigration forms. Any accusation of discrimination by ICE agents is FALSE," a DHS spokesperson told Newsweek on Friday. "Sarsour is a terrorist who was convicted of throwing Molotov cocktails at the homes of Israeli armed forces. He is also an illegal alien that lied on his green card application to fraudulently gain legal status in the U.S. under the Clinton Administration."
What Happens Next
Hanlon ordered Sarsour's release, as long as he resides in Wisconsin, attends all court hearings and participates in all immigration proceedings while his case is heard.
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