Federal Court Orders ImmediateRelease of Palestinian Advocate Held by ICE

A federal judge in the United States has ordered the release of Salah Sarsour, a Muslim community leader who alleges his detention by immigration authorities was retaliation for his vocal advocacy for Palestinian rights.

On Thursday, U.S. District Judge James Patrick Hanlon determined that Sarsour presented a “substantial” claim that he was targeted for exercising speech protected by the First Amendment. The ruling suggested that his continued detention might be unlawful.

Hanlon also rejected assertions made during the Trump administration that pro‑Palestinian expression undermines U.S. foreign policy objectives.

“The invocation of foreign‑policy concerns does not automatically override First Amendment protections,” Hanlon, who was appointed by Trump in 2018, wrote in his decision.

The Trump administration has relied on expansive national‑security arguments to arrest and detain foreign nationals who support the Palestinian cause, a practice that has drawn sharp criticism from civil‑rights organizations.

Advocacy groups contend that these actions constitute an effort to silence criticism of Israel and U.S. foreign policy.

Sarsour, a permanent legal resident of the United States, was freed just hours after the court issued its order. In a prepared statement, he hailed the decision as a victory for free speech.

“I am overjoyed to be reunited with my family. For 80 days I have been unable to leave confinement and breathe fresh air,” Sarsour said, noting that he has lived in the U.S. for nearly 32 years.

“This experience underscores the need for collective action in defense of the right to speak for the silenced. I will continue to advocate for Palestine and humanity wherever I am.”

Attorneys for Sarsour, who suffers from type‑2 diabetes, report that he has lost more than 30 pounds (about 13.6 kg) during nearly three months of detention. He serves as president of the Islamic Society of Milwaukee, the largest mosque in Wisconsin.

On March 31, ICE agents stopped his vehicle and transferred him to a detention facility in Indiana while awaiting removal proceedings.

Although Sarsour has no criminal record in the United States, the Department of Homeland Security characterized him as a “criminal and a terrorist.”

The government alleged that he provided false information on his green‑card application and failed to disclose a conviction by an Israeli military court for alleged stone‑throwing and Molotov‑cocktail attacks on Israeli forces.

The 53‑year‑old Palestinian‑American, who grew up in the occupied West Bank, has denied all charges.

Human‑rights organizations point out that similar accusations are frequently used against Palestinians in the West Bank, where Israeli military courts convict at near‑100 % rates, sometimes after coerced confessions.

In Thursday’s decision, Judge Hanlon questioned why the Trump administration suddenly deemed Sarsour a threat after more than three decades of residency.

He ordered Sarsour to be transferred back to Wisconsin from Indiana so that he may remain at home pending further proceedings.

Since returning to office for a second term, Trump has intensified mass‑deportation efforts and intensified scrutiny of pro‑Palestinian activists, accusing them of anti‑Semitism.

In immigration proceedings against such activists, administration officials have invoked a provision of the Immigration and Nationality Act that permits the Secretary of State to “exclude” foreign nationals posing “potentially serious adverse foreign‑policy consequences” for the United States.

Rights advocates argue that this statute does not supersede First Amendment protections and question whether activist speech actually threatens U.S. foreign policy.

Mahmoud Khalil, a pro‑Palestinian activist at Columbia University, was among those targeted under the same statute.

In March 2025, Khalil was detained by immigration authorities; a judge ordered his release in June, but his case remains unresolved and he continues to face potential deportation.

On Thursday, Khalil posted on social media praising Sarsour’s release and reaffirming solidarity.

“Salah Sarsour is returning home. After more than 80 days of unlawful detention, a federal judge ordered his release and confirmed what should never have been debatable: speaking out for Palestinian rights is protected by the First Amendment,” Khalil wrote.

“Welcome home, Salah. This is the struggle we continue to fight for.”

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