Judge orders release of Palestinian rights advocate, citing likely First Amendment violation
Court finds Sarsour's detention was driven by political speech, rejecting government claims that national security justified detention
MILWAUKEE, United States (MNTV) — A federal judge in Wisconsin has ordered the release of mosque president Salah Sarsour, finding that immigration authorities likely detained him in retaliation for his public advocacy for Palestinian rights — a ruling that raises sharp constitutional questions about the use of immigration enforcement against protected political speech.
US District Judge James Patrick Hanlon concluded that officials probably violated Sarsour’s First Amendment rights by targeting him for his political expression rather than for any lawful, immediate security concern. The decision is a notable judicial rebuke of the Department of Homeland Security and the senior officials who had cast Sarsour as a national security risk.
Sarsour, a lawful permanent resident since 1998 and a community leader in Wisconsin, has long been active on Palestinian rights and sits on the board of an advocacy organization focused on the issue. The court found that this political activity appears to have been central to the decision to detain him.
The government argued that Sarsour was deportable despite his long-term residency, citing a memorandum signed by Secretary of State Marco Rubio that claimed his advocacy undermined US foreign policy, along with allegations tied to funding activities. Immigration and Customs Enforcement agents arrested him in March during a coordinated operation and later moved him to detention in Indiana.
Court filings describe a marked decline in Sarsour’s health while detained, including significant weight loss and inadequate monitoring of his diabetes. Those findings shaped the judge’s assessment of the harm he faced and the urgency of releasing him.
Central to the case is the government’s reliance on decades-old criminal allegations originating in Israel, which Sarsour denies. The court noted that immigration authorities knew of those allegations when they approved his permanent residency and did not treat them as disqualifying at the time.
Hanlon stressed that Sarsour’s advocacy is core political speech protected by the First Amendment, and found credible evidence that this protected expression was a motivating factor in his detention — pointing to a risk of retaliation against political dissent in immigration enforcement.
Government lawyers countered that noncitizens do not hold the same First Amendment protections as citizens and that the detention and monitoring conditions were justified on security grounds. They asked that any release come with conditions such as bond, electronic monitoring, and restricted movement.
The court declined to keep him detained, ordering release on personal recognizance with limited geographic restrictions. The ruling sharpens an ongoing debate over how far immigration authorities can go against lawful permanent residents engaged in political advocacy, especially when national security is invoked.
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