Judge Orders ICE to Free Mosque Leader Citing Free Speech

Federal Judge Orders Release of Mosque Leader Detained by ICE

A federal judge has ordered U.S. Immigration and Customs Enforcement (ICE) to release the Palestinian president of Wisconsin’s largest mosque, citing a significant free speech claim. The ruling suggests the man may have been targeted for his public support of Palestinian rights.

Sarsour, a lawful permanent resident of the United States, was taken into custody by ICE agents on March 30. Federal officials had characterized him as a foreign policy threat. However, legal representatives for Sarsour argued that his detention stemmed from his vocal criticism of Israel.

U.S. District Judge James Patrick Hanlon, appointed by President Donald Trump, stated that neither ICE nor the Department of Homeland Security (DHS) presented sufficient evidence to counter Sarsour’s allegations of retaliation for exercising his free speech rights. The judge also questioned the government’s justification for deeming Sarsour a threat after more than three decades of legal residency in the U.S.

“The mere invocation of foreign relations concerns does not automatically trump First Amendment rights,” Judge Hanlon wrote in his decision. He ordered Sarsour’s release from an Indiana county jail, allowing him to return to his home in Milwaukee while his immigration case proceeds. Sarsour was freed just hours after the ruling.

“I am so relieved to be with my family. For 80 days, I haven’t been able to step outside and breathe fresh air,” Sarsour stated following his release. “This experience is a reminder to all of us that we must fight together for our right to be a voice for the silenced. I will never stop speaking for Palestine and humanity, wherever I am.”

Sarsour, who has Type 2 diabetes, reportedly lost over 30 pounds during his detention. His legal team expressed concerns that his blood sugar levels were checked only once a month in jail, potentially endangering his health and risking organ failure or death. His attorneys celebrated his release, asserting he should never have been detained and that the ruling serves as a warning that “if the government can target Mr. Sarsour, everyone’s free speech rights are at risk.”

Background and Government Claims

DHS had previously described Sarsour as “a terrorist who was convicted of throwing Molotov cocktails,” dismissing claims of discrimination by ICE agents as false. This description appears to reference a 1989 conviction by the Israeli Ramallah Military Court for throwing a Molotov cocktail and stones at Israeli forces, and a 1995 conviction by the same court for attempting to possess weapons and ammunition. Sarsour has denied these charges.

Israeli military courts have faced scrutiny regarding due process and conviction rates for Palestinians, though Israel has contested these criticisms.

Judge Hanlon noted that federal authorities had been aware of the charges against Sarsour for 25 years and had considered them on at least four occasions when assessing his eligibility for naturalization. Despite this, the judge pointed out that Sarsour was not detained until the current year.

Legal Arguments and Community Support

Attorneys for DHS and ICE argued that Sarsour, as a non-citizen, does not possess the same First Amendment protections as U.S. citizens. Judge Hanlon rejected this argument, stating that individuals who enter the U.S. lawfully are afforded the same constitutional rights as all residents.

The judge also factored in Sarsour’s strong community ties and his health concerns when ruling in favor of his release. Sarsour has a spouse, six children, and nine grandchildren, all of whom are U.S. citizens.

His son, Kareem Sarsour, shared his relief, stating, “We’re getting our dad back! This experience has been a nightmare to wake up to every day, with his health at risk in a cruel basement cell simply for speaking up for Palestine. But we know who my dad is, he’s a voice for the voiceless and the heart of our family and our community. I can’t wait to hug him, and I hope everyone like him will be released.”

This report incorporates information initially gathered by The Associated Press.