Judge orders ICE to free Wisconsin mosque leader over 'substantial' free speech claim after criticizing Israel
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Democrats call for closure of Delaney Hall ICE detention center

As House Homeland Security Committee Democrats stage an unsanctioned “shadow hearing” in Newark, New Jersey, to scrutinize an ICE detention center following recent unrest, a separate immigration case is drawing fresh attention to the government’s detention powers and the limits of free speech enforcement.

On Thursday, a federal judge ordered the release of Salah Sarsour, the Palestinian president of Wisconsin’s largest mosque, from immigration custody. The court found that Sarsour had presented a “substantial” claim that he was detained in retaliation for speech supporting Palestinian rights.

Sarsour, a legal permanent resident of the United States, was arrested by U.S. Immigration and Customs Enforcement on March 30. Federal officials have argued that he poses a foreign policy threat, while his attorneys say the real reason for his detention was his criticism of Israel.

In his ruling, U.S. District Judge James Patrick Hanlon, a nominee of President Donald Trump, said lawyers for ICE and the Department of Homeland Security failed to provide sufficient evidence to rebut Sarsour’s retaliation claim. Hanlon also questioned why the government now considers Sarsour a threat after he has lived legally in the United States for more than 30 years.

The decision comes as immigration enforcement is already under heightened political scrutiny. In Newark, Democrats on the House Homeland Security Committee, unable to convene an official hearing, are holding their own field session led by Congressman Bennie Thompson to examine conditions at an ICE detention facility. Congressional correspondent Bill Melugin reported on the event, while former Acting DHS Secretary Chad Wolf noted that Delaney Hall had operated during the Obama administration without drawing the same level of criticism from Democrats.

Shortly after his release from a county jail in Indiana, where he had been held since his arrest, Sarsour was seen smiling in a photo distributed by the Associated Press through Yaseen Najeeb.

“The mere invocation of foreign relations concerns does not automatically trump First Amendment rights,” Hanlon wrote.

The judge ordered officials to release Sarsour from the Indiana county jail where he was being held, allowing him to return to his home in Milwaukee while his immigration case continues. He was released just a few hours after Hanlon’s 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 said in a statement. “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 has Type 2 diabetes and lost more than 30 pounds while he was in custody. His attorneys said his blood sugar levels were only checked once a month in the jail, putting him at risk of organ failure or even death.

His legal team said in a statement that they were ecstatic about his release and that he never should have been detained. They said the ruling is “a sober reminder that, if the government can target Mr. Sarsour, everyone’s free speech rights are at risk.”

Salah Sarsour is a legal permanent resident in the U.S. (Islamic Society of Milwaukee via AP)

DHS described Sarsour as “a terrorist who was convicted of throwing Molotov cocktails” and any allegations of discrimination by ICE agents are false.

Sarsour has no criminal record in the U.S., but the agency appeared to be referring to his conviction by the Israeli Ramallah Military Court in 1989 for throwing a Molotov cocktail and stones at Israeli army forces. He was later convicted by the same court in 1995 of attempting to hold weapons and ammunition. Sarsour has denied committing those crimes.

The Israeli military courts have faced criticism over the years surrounding allegations of limited due process and high conviction rates of Palestinians, although Israel has pushed back on those accusations.

Hanlon wrote that the federal government has been aware of the charges against Sarsour for 25 years and considered them at least four times when evaluating his eligibility for naturalization. Despite this, the judge wrote that the government did not detain Sarsour until this year.

U.S. Immigration and Customs Enforcement agent standing at the U.S.-Mexico border in San Diego, California

DHS described Salah Sarsour as “a terrorist who was convicted of throwing Molotov cocktails” and claimed that any allegations of discrimination by ICE agents are false. (David Maung/Bloomberg)

Attorneys for DHS and ICE Sarsour does not have the same First Amendment rights as U.S. citizens, but Hanlon rejected that argument, writing that people who enter the U.S. lawfully are invested with the same rights guaranteed by the Constitution to everyone residing in the country.

The judge additionally said that Sarsour’s deep ties to the community and his health concerns were also considered in ruling in favor of his release. Sarsour has a spouse, six children and nine grandchildren who are all U.S. citizens.

“We’re getting our dad back!” Salah’s son, Kareem Sarsour, said in a statement. “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.”

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