A federal judge appointed by President Donald Trump has directed the release of the Islamic Society of Milwaukee’s president from U.S. Immigration and Customs Enforcement (ICE) detention, ending three months of confinement. In a detailed 29-page order, U.S. District Judge James Patrick Hanlon determined that Salah Sarsour raised a ‘substantial’ First Amendment retaliation claim, which may render his detention unlawful. The Trump administration accused Sarsour of funding a terrorist organization.

Sarsour has held a green card for nearly three decades, but the Department of Homeland Security (DHS) accused him of providing false information on his application in 1998. Judge Hanlon recognized Sarsour as a lawful resident and questioned the timing of the enforcement action.

Upon his release, Sarsour was greeted by hundreds 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 shared with the crowd, as reported by WTMJ in Milwaukee.

Background on Salah Sarsour

Sarsour first sought a visa in 1993 at the American Consulate in Jerusalem. DHS claims the visa was denied due to allegations of violent acts and attempted possession of weapons and ammunition. Nevertheless, he entered the U.S. as a conditional resident the same year. DHS accused him of falsehoods in his green card application five years later.

Sarsour has resided in Wisconsin for many years, rejecting allegations by DHS. The Islamic Society of Milwaukee stated that he has developed ‘a strong and loving family’ in the city and has supported the community extensively.

Judge’s Ruling

The judge ruled:

• Sarsour’s speech is protected political speech.
• Detention is a significant deprivation of liberty.
• Evidence suggests a retaliatory motive from the federal government.

The ruling focuses on the lawfulness of Sarsour’s detention while his legal challenge continues, without determining the outcome of his potential deportation. ‘The Court does not decide the ultimate outcome…or the merits of the charges of removability,’ the judge emphasized.

First Amendment Considerations

Sarsour’s argument centers on claims of targeting due to his advocacy for Palestinian rights and leadership in the American Muslims for Palestine nonprofit. His political speech is within constitutional protections according to the court order, which states that such speech is central to First Amendment protections.

Noncitizens in the U.S. retain constitutional rights after lawful entry, as noted by the judge. The court dismissed the government’s reliance on foreign policy concerns, asserting that ‘foreign relations concerns do not automatically trump First Amendment rights.’

Indications of Possible Retaliation

The court found several factors supporting the plausibility of Sarsour’s claim, including:

• The government was aware of allegations ‘for decades…yet did not arrest and detain him until 2026.’
• His long-standing public support for Palestinian human rights.
• The timing of his arrest amid broader actions against pro-Palestinian advocacy.

The evidence suggests his speech might have influenced the detainment decision. ‘There is no First Amendment right to fund terror organizations and lie on immigration forms,’ a DHS spokesperson told Newsweek. The spokesperson labeled Sarsour a ‘terrorist’ based on past convictions.

Future Proceedings

Judge Hanlon ordered Sarsour’s release under conditions: he must reside in Wisconsin, attend all court proceedings, and partake in all immigration processes pending the conclusion of his case.