Free Speech Victory
Federal Judge Orders Release for Mosque Leader Salah Sarsour, Citing First Amendment Rights
Key Points
In his order, Judge James P. Hanlon rejected the administration’s “foreign relations concerns” framing, writing: “The mere invocation of foreign relations concerns does not automatically trump First Amendment rights,” adding that the claim could “render his detention unlawful.”
After the ruling, Salah Sarsour said he was “so relieved to be with my family,” describing that for “80 days, I haven’t been able to step outside and breathe fresh air,” and vowed, “I will never stop speaking for Palestine and humanity, wherever I am.”
A spokesperson for the “Free Salah Sarsour” coalition said that upon release Sarsour was reunited with his son and two members of his legal team, confirming, “He’s breathing fresh air for the first time in 80 days.”
The administration’s justification cited alleged Israeli criminal conduct. FOX6 quoted Homeland Security Acting Assistant Secretary Lauren Bis saying Sarsour was “a terrorist convicted for throwing Molotov cocktails at the homes of Israeli armed forces” and that he “lied on his green card application” to gain status; FOX6 also reported that the Islamic Society of Milwaukee said Sarsour explained the Israeli arrests during a recorded visa interview.
A federal judge ordered ICE to free Salah Sarsour on June 18, 2026, after he spent more than 80 days in an Indiana detention facility. Sarsour, the president of the Islamic Society of Milwaukee and a lawful permanent resident, had been held since March 30 on allegations tied to decades-old Israeli convictions and suspected terror financing, TMJ4 reported.
Judge James P. Hanlon of the U.S. District Court for the Southern District of Indiana issued a 24-page order finding that Sarsour presented a "substantial" First Amendment retaliation claim. The judge wrote that "the mere invocation of foreign relations concerns does not automatically trump First Amendment rights" and that continued detention could be unlawful, according to New Arab.
Judge Rejects Foreign Policy Shield, Orders Immediate Release
Judge Hanlon centered his ruling on timing. U.S. authorities had known about Sarsour's Israeli record for more than 20 years. His lawyers argued ICE only moved after he became a high-profile organizer of pro-Palestinian protests. The judge found that argument credible enough to call the detention potentially unlawful, Bend the Arc reported.
The court cited a 1976 legal precedent holding that the loss of First Amendment freedoms counts as irreparable harm. That framing gave Sarsour's team a powerful legal tool. It meant the judge did not have to wait for a full deportation ruling before ordering his release. He also set conditions: Sarsour must stay in Wisconsin and attend all removal-related hearings.
DHS Called Him a Terrorist; His Mosque Said He Disclosed Everything
The Department of Homeland Security did not back down after the ruling. DHS Acting Assistant Secretary Lauren Bis said Sarsour was "a terrorist convicted for throwing Molotov cocktails at the homes of Israeli armed forces" and that he "lied on his green card application" to hide his past, according to AOL News.
The Islamic Society of Milwaukee pushed back hard. The mosque said Sarsour disclosed his Israeli arrests during a recorded visa interview in 2011. His lawyers argued the government's sudden 2026 action was pretextual — meaning the real reason was his speech, not his record. Multiple outlets reported the government did not produce supporting evidence when pressed in court, OzArab Media noted.
80 Days in Custody Left Sarsour with Serious Health Problems
Sarsour's family said he lost an estimated 20 to 30 pounds during his detention. He has diabetes, and his legal team said the facility failed to monitor his condition properly. Lawyers and relatives raised alarms for weeks before the court intervened. His first medical evaluation after release was a priority, according to family statements reported by TMJ4.
Upon release on June 19, Sarsour was met by his son and two members of his legal team. A spokesperson for the "Free Salah Sarsour" coalition confirmed he was "breathing fresh air for the first time in 80 days." Sarsour himself said he was "so relieved to be with my family" and vowed, "I will never stop speaking for Palestine and humanity, wherever I am."
Release Is Not an Acquittal — Deportation Fight Continues
The judge's order freed Sarsour but did not end his immigration case. He remains in formal removal proceedings. That means the government can still try to deport him based on the green card fraud allegations and his Israeli convictions. He must appear at all future hearings and cannot leave Wisconsin, New Arab reported.
Civil rights groups called the ruling a landmark. They argued it raised the bar for using immigration detention to silence political activists. Legal analysts said the case chips away at the "plenary power doctrine," which normally gives the executive branch wide authority over immigration and foreign policy. The ruling signals that courts may step in quickly when detention looks like punishment for protected speech, according to Bend the Arc.
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