Federal Judge Orders Release of Palestinian Rights Advocate After 80-Day ICE Detention

The Legal Victory for Free Speech

A federal judge in the United States has ordered the release of Salah Sarsour, a Muslim leader and Palestinian rights advocate who was detained by Immigration and Customs Enforcement (ICE) for nearly 80 days. US District Judge James Patrick Hanlon ruled that Sarsour had raised a "substantial" claim that he was targeted for speech protected under the First Amendment of the US Constitution, potentially rendering his detention unlawful.

Sarsour, a legal permanent resident in the US for nearly 32 years and president of the Islamic Society of Milwaukee, was released several hours after Hanlon's decision. In a prepared statement, he celebrated the ruling as a free-speech victory, stating: "I am so relieved to be with my family. For 80 days, I haven't been able to step outside and breathe fresh air."

Details of Sarsour's Detention

On March 31, 2026, Sarsour's car was pulled over by ICE agents, and he was transferred to a detention facility in Indiana, pending his removal from the country. Lawyers for Sarsour, who has type two diabetes, reported that he lost more than 30 pounds (about 13.6kg) during his nearly three months in detention.

The Department of Homeland Security (DHS) accused Sarsour of lying on his green card application and failing to disclose that he was convicted by an Israeli military court for allegedly throwing stones and Molotov cocktails at Israeli forces. The 53-year-old Palestinian American, who grew up in the occupied West Bank, has denied these charges.

Rights groups have noted that such allegations are frequently wielded against Palestinians in the occupied West Bank and that the Israeli military court system convicts Palestinians at a rate of nearly 100 percent, sometimes relying on confessions extracted through torture.

First Amendment vs. National Security Claims

In his decision, Judge Hanlon dismissed claims made under President Donald Trump that pro-Palestinian speech undermines US foreign policy interests. "The mere invocation of foreign relations concerns does not automatically trump First Amendment rights," Hanlon, who was nominated by Trump in 2018, wrote in his decision.

The Trump administration has relied on a section of the Immigration and Nationality Act that allows the secretary of state to "exclude" foreign nationals considered to have "potentially serious adverse foreign policy consequences for the United States." However, rights advocates have argued that this law does not supersede the First Amendment's free-speech protections.

"This experience is a reminder to all of us that we must fight together for our right to be a voice for the silenced," Sarsour stated. "I will never stop speaking for Palestine and humanity, wherever I am."

Broader Impact on Civil Liberties

Civil liberties groups have depicted the Trump administration's efforts as an attempt to penalize voices critical of Israel and US foreign policy. Since taking office for a second term, Trump has sought the mass deportation of immigrants from the US and led a crackdown on pro-Palestinian voices, accusing them of anti-Semitism.

Sarsour's case is not isolated. Mahmoud Khalil, a pro-Palestine activist at Columbia University, was arrested and held in detention by immigration authorities in March 2025 before being released in June of that year. His case, however, has continued, and he remains under threat of deportation.

"Salah Sarsour is going home," Khalil wrote in a social media post welcoming Sarsour's release. "After more than 80 days held away from his family, a federal judge ordered his release and affirmed what should never have been in question: speaking up for Palestinian rights is protected by the First Amendment."

Future Implications for Similar Cases

Judge Hanlon's ruling sets a significant precedent for other pro-Palestinian activists facing detention or deportation. By emphasizing that First Amendment rights cannot be automatically overridden by claims of foreign policy concerns, the decision provides legal grounds for challenging similar cases.

The judge also questioned why the Trump administration suddenly considered Sarsour a threat after more than three decades in the US, ordering him to be returned to Wisconsin from Indiana so that he could stay at home while his case proceeds.

As the Trump administration continues its crackdown on immigration and dissent, legal experts predict that more court battles will emerge over the balance between national security claims and constitutional protections. Sarsour's release may embolden other activists to challenge their detentions on similar First Amendment grounds.