Judge orders ICE to free Wisconsin mosque president over free speech claim

A federal judge on Thursday ordered immigration officials to free the Palestinian president of Wisconsin’s largest mosque from custody, ruling that the man raised a “substantial” free speech claim that he was targeted for speaking out in support of Palestinian rights.

Sarsour, a legal permanent resident in the U.S., was taken into custody by U.S. Immigration and Customs Enforcement agents on March 30, with federal officials arguing he is a foreign policy threat.

But attorneys for Sarsour contend that he was detained for speaking out against Israel.

U.S. District Judge James Patrick Hanlon, a nominee of President Donald Trump, wrote that attorneys for ICE and the Department of Homeland Security did not offer enough evidence to disprove Sarsour’s allegations of retaliation for free speech and that the government also failed to explain why Sarsour was deemed a threat after more than three decades of legal residency in the country.

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“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.”

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.

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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.

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“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.”

The Associated Press contributed to this report.