A federal judge ordered ICE to release a prominent Muslim leader and advocate for Palestine from an Indiana jail.
Salah Sarsour, president of the Islamic Society of Milwaukee, was arrested by ICE on March 30 in Milwaukee. Sarsour was brought to the Clay County Jail in Indiana. His lawyers argued federal agents targeted Sarsour because of his advocacy for Palestinian human rights.
Federal Judge James Patrick Hanlon ruled Thursday that Sarsour presented a substantial First Amendment retaliation claim, which makes his detention unlawful. Hanlon ruled Sarsour is not a danger to the community and is not a flight risk, so he should be released.
Wisconsin Public Radio reported Sarsour’s legal team is ecstatic about the decision.
“We will continue to fight the hyperbolic and ridiculous claims against Mr. Sarsour in court,” a statement said. “But this is a day both to celebrate a family being reunited. It is also a sober reminder that, if the government can do this to Mr. Sarsour, then no one is safe from being punished for their speech.”
Meanwhile, Sarsour’s family and supporters said he has faced religious discrimination and medical neglect in the Clay County Jail. They hosted an interfaith vigil of more than 150 people at the jail Sunday.
“Come for one, face us all,” said Malkah Bird, a Hoosier organizer with Jews for Salah. “We're not going to allow this to happen to anyone in our community — particularly those of different faiths, different backgrounds, different beliefs, because we stand up for each other and we stand up for the First Amendment.”
Born in Jordan, Sarsour has been a lawful permanent resident in the U.S. for more than 30 years.
The Department of Homeland Security called Sarsour a “terrorist” and an “illegal alien” in a press release after he was arrested. The department claims Sarsour attacked the homes of Israeli armed forces when he lived in the West Bank and lied on his citizen application forms.
Sarsour’s lawyers argued the U.S. government knew about his conviction but still approved his application.
But Jewish advocates such as Robz Briskey also reject the claims made by the Trump administration. Briskey and Bird believe Sarsour’s case shows a pattern of targeting advocates for Palestine, drawing comparisons to the arrest of activist Mahmoud Khalil.
Days before his arrest, Sarsour appeared on the Canary Mission, an anonymous platform that tracks “hatred of the USA, Israel and Jews.”
“This is an example of antisemitism being used as a smoke screen to target immigrants, to dismantle our democracy, and to target those speaking out against injustice,” Briskey said.
Sarsour will reside in Wisconsin while his case continues. Hanlon did not issue a ruling on Sarsour’s potential deportation.
Bird said his arrest and detention have been devastating to his community.
“He's such a strong leader in Milwaukee,” Bird said. “He's the president of his mosque. He's a business owner. He's a beloved friend, family member to so many, and that includes the Jewish community in Milwaukee.”
ICE did not respond to requests for comment.