A federal judge ordered the release Thursday of Salah Sarsour, the president of the largest mosque in the state of Wisconsin, who had been detained by US Immigration and Customs Enforcement (ICE) since March for speaking out in support of Palestinian rights.
His lawyer argued that Sarsour's detention was illegal because it violated the US Constitution's First Amendment right to freedom of speech and expression.
"The Court finds that it has jurisdiction over Mr. Sarsour's habeas petition, and by extension, his motion for release, and that Mr. Sarsour has presented a substantial claim of First Amendment retaliation," US District Judge James Hanlon, who was nominated to his position by US President Donald Trump, wrote in his ruling.
"The Court does not decide the ultimate outcome of Mr. Sarsour's First Amendment habeas claim or the merits of the charges of removability against him. The Court only concludes, on the present record, that Mr. Sarsour has raised a 'substantial' First Amendment retaliation claim, which could render his detention unlawful."
Sarsour, a Palestinian-born legal permanent resident of the United States who is president of the Islamic Society of Milwaukee, was taken into custody by ICE on March 30 for a speech in which he supported Palestinian rights amid the current Israel-Hamas war.
The Trump administration's Department of Homeland Security (DHS) claimed that Sarsour posed a foreign policy threat, but his lawyer said he was targeted for speaking out against Israel.
"This news is fantastic. It's exciting. It's thrilling. It's a huge relief." Sarsour's attorney Luna Droubi said of his release in an interview with FOX6 News in Milwaukee. "Salah has been incarcerated for 80 days based on his speech in support of Palestinian human rights."
Sarsour was taken into custody by ICE for allegedly lying on his green card application in 1998 to become a permanent legal resident of the US. DHS officials also cited that he was convicted in Israel in 1989 of throwing Molotov cocktails at Israeli Army troops and in 1995 for attempting to hold weapons and ammunition, claims which Sarsour has denied. He also has no criminal record in the US.
The Department of Homeland Security said it disagreed with Sarsour's release.
"There is no First Amendment right to fund terror organizations and lie on immigration forms. Any accusation of discrimination by ICE is FALSE," a DHS spokesperson said in a statement. "Sarsour is a terrorist who was convicted of throwing Molotov cocktails at the homes of Israeli armed forces. He is also an illegal alien that lied on his green card application to fraudulently gain legal status in the US under the Clinton administration."
Sarsour still faces removal from the US, and as part of his condition for release, he must remain in Wisconsin, attend all court hearings and participate in his deportation proceedings.
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