Trump Judge Orders Release of Mosque Leader Despite DHS Terrorism Allegations
A federal judge ordered the release of Salah Sarsour, president of Wisconsin’s largest mosque, after finding he raised a substantial claim that his detention by U.S. Immigration and Customs Enforcement (ICE) may have been linked to protected political speech.
Sarsour had been held for nearly 80 days before the ruling.
U.S. District Judge James Patrick Hanlon, nominated to the bench by President Donald Trump in 2018, ruled Thursday that Sarsour’s First Amendment retaliation claim was strong enough to justify release while his immigration case continues.
The court found constitutional protections outweighed the government’s justification at this stage of the proceedings.
Sarsour was arrested by ICE on March 30 and held at the Clay County Jail in Indiana, according to WISN 12 News.
At the time of his arrest, the Department of Homeland Security (DHS) claimed that Sarsour was permitted entry into the U.S. under the Clinton administration due to falsifying information on his immigration application, according to The Gateway Pundit.
The agency stated that he was previously convicted overseas in connection with a Molotov cocktail attack targeting residences used by Israeli military personnel and labeled him a “terrorist.”
According to CBS News, Sarsour is a lawful permanent resident who has lived in the United States for more than three decades and leads the Islamic Society of Milwaukee.
Indiana Public Radio reported that his attorneys said that the allegations against him had been known to the government for years and did not previously lead to detention or removal proceedings despite his long-standing legal residency.
At issue in the case is whether Sarsour was detained for security reasons or in retaliation for his public advocacy on Palestinian rights.
His legal team said federal authorities had long been aware of his background while continuing to approve his immigration status.
Judge Hanlon found Sarsour was neither a flight risk nor a danger to the community, citing his long residence, family ties in the United States, and medical concerns. Those factors supported his release.
Sarsour was released within hours of the decision and returned to Milwaukee, where supporters gathered outside the Islamic Society of Milwaukee.
His legal team called the ruling an affirmation of constitutional protections in immigration cases involving political expression.
In a statement, Sarsour said he was relieved to reunite with his family after nearly 80 days in custody, describing the experience as isolating. He said he intends to continue speaking publicly about Palestinian rights.
Attorneys also raised concerns about his medical care in detention, alleging he was not properly monitored for diabetes and lost significant weight while in custody.
DHS described Sarsour as a national security concern, citing both allegations tied to overseas convictions and fundraising activity, which he has disputed.
No criminal charges have been filed against him in the United States.
His legal team argued that reliance on foreign proceedings and prior administrative reviews cannot override First Amendment protections or justify detention after decades of lawful residence.
The case will continue in immigration court, where federal authorities are expected to pursue removal proceedings. The judge’s order allows Sarsour to remain free during litigation but does not resolve the underlying deportation case.
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