Federal Judge Orders Release of Wisconsin Mosque Leader on Free Speech Grounds

A federal judge has ordered U.S. Immigration and Customs Enforcement to release Salah Sarsour, president of Wisconsin's largest mosque, from detention, finding that he raised a "substantial" claim of retaliation for free speech. Sarsour, a Palestinian-born legal permanent resident, was detained by ICE on March 30 after the government claimed he posed a foreign policy threat. However, U.S. District Judge James Patrick Hanlon ruled that ICE and the Department of Homeland Security failed to provide sufficient evidence to refute Sarsour's assertion that he was targeted for speaking out in favor of Palestinian rights.

In his decision, Judge Hanlon—nominated by President Trump in 2018—stated that "the mere invocation of foreign relations concerns does not automatically trump First Amendment rights." The judge rejected the government's argument that legal permanent residents do not possess the same constitutional protections as citizens, holding that individuals lawfully present in the United States are entitled to the same rights guaranteed by the Constitution. Notably, the judge questioned why the government suddenly considered Sarsour a threat after more than three decades of legal residency, despite being aware of decades-old convictions from Israeli military courts.

Sarsour was released from an Indiana county jail hours after the ruling and returned to his Milwaukee home. In a prepared statement, he expressed relief at being reunited with his family after 80 days in custody, stating: "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 vowed to continue advocating for Palestinian rights, saying "I will never stop speaking for Palestine and humanity, wherever I am."

The case has raised concerns about medical treatment in immigration detention. Sarsour, who has Type 2 diabetes, lost more than 30 pounds during his incarceration, and his attorneys reported that his blood sugar levels were checked only once monthly while detained, placing him at serious health risk. His legal team stated he should never have been detained and warned that the case demonstrates how "everyone's free speech rights are at risk" if the government can target individuals for their speech.

The Department of Homeland Security has not formally responded to the ruling but previously called Sarsour "a criminal and a terrorist," asserting that all detainees receive adequate meals and medical treatment. However, an investigation by KFF Health News and the Associated Press found that hundreds of detainees in at least 33 states have filed similar federal lawsuits alleging medical neglect. Sarsour, who has no criminal record in the United States, was convicted by Israeli military courts in 1989 and 1995 on charges he has denied, but the government had known of these convictions for 25 years before his 2026 detention.