Judge Frees Mosque Leader Tied to Hamas Claims

The Department of Homeland Security (DHS) blasted a federal court order requiring Immigration and Customs Enforcement (ICE) to release Salah Sarsour, the president of the Islamic Society of Milwaukee, while his removal case proceeds.

Sarsour, a Palestinian lawful permanent resident who has lived in the United States for more than three decades, was arrested by ICE in March. Federal officials argued that he poses a foreign policy concern. DHS also alleges that he obtained his green card after providing false information during the immigration process.

DHS responded sharply after U.S. District Judge James Patrick Hanlon, a Trump appointee to the Southern District of Indiana, ordered Sarsour released from custody.

Homeland Security posted on X:

“Thanks to this court order, this public safety threat is now loose on our streets.There is NO First Amendment right to lie on immigration forms. Any accusation of discrimination by ICE agents is FALSE.Salah Sarsour is suspected of funding terrorist organizations and was convicted of throwing Molotov cocktails at the homes of Israeli armed forces. This illegal alien also LIED on his green card application to fraudulently gain legal status in the U.S. under the Clinton Administration.”

Hanlon’s order came after Sarsour argued that the government detained him in retaliation for his speech in support of Palestinians. The judge found that Sarsour had raised a “substantial” First Amendment claim and that the government had not sufficiently rebutted the allegation that the detention was tied to protected advocacy.

“The mere invocation of foreign relations concerns does not automatically trump First Amendment rights,” Hanlon wrote. 

The court also rejected the government’s argument that lawful permanent residents have fewer First Amendment protections than U.S. citizens. Hanlon wrote that people lawfully residing in the United States are entitled to constitutional protections. 

DHS points to Sarsour’s record overseas. According to DHS and media reports, Sarsour was convicted by an Israeli military court in 1989 for throwing a Molotov cocktail and stones at Israeli forces. He was later convicted in 1995 of attempting to possess weapons and ammunition. DHS also has accused him of helping raise money for Hamas in the 1990s.

Sarsour has denied committing the Israeli offenses, and his attorneys have argued that he has no criminal record in the United States. Fox News noted that Israeli military courts have faced criticism over due process concerns and high conviction rates of Palestinians, while Israel has disputed those criticisms.

A key point in Hanlon’s ruling was timing. The judge wrote that federal officials had known about Sarsour’s prior convictions for approximately 25 years and had considered them multiple times before this year’s detention. According to the court, the government reviewed those records in 2000, 2008, 2010, and 2019 while evaluating Sarsour’s immigration status and eligibility for naturalization.

Sarsour was released shortly after the ruling. In a statement, he said:

“I am so relieved to be with my family. For 80 days, I haven’t been able to step outside and breathe fresh air.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.” 

The removal proceedings remain ongoing, and DHS has indicated it will continue pursuing the case despite the release order.

Tags: DHS, Free Speech, Hamas, ICE, Immigration, Palestine, Wisconsin

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