Judge orders release of Palestinian advocate held by ICE on free-speech grounds
US District Judge James Patrick Hanlon on June 18 ordered the release of Salah Sarsour, president of the Islamic Society of Milwaukee, after he spent roughly 80 days in immigration detention. Sarsour was arrested by ICE agents on March 31. Hanlon found that Sarsour had presented a “substantial” First Amendment claim — that his detention targeted constitutionally protected pro-Palestinian speech — which could render the detention unlawful.
The judge rejected the administration’s argument that such speech undermines US foreign-policy interests, writing that “the mere invocation of foreign relations concerns does not automatically trump First Amendment rights.”
The ruling is one of several testing the government’s use of immigration enforcement against activists detained over political expression rather than alleged criminal conduct, and its reasoning — that foreign-policy claims do not by themselves justify detaining a person for protected speech — could be cited in similar cases now moving through the courts.