Judge orders ICE to free Wisconsin mosque leader after finding substantial free speech claim

Judge orders release

A federal judge ordered U.S. Immigration and Customs Enforcement on June 18 to release Salah Sarsour, the president of Wisconsin's largest mosque, after finding that he had raised a substantial First Amendment retaliation claim.

Sarsour was released a few hours later, according to the Associated Press and The Guardian. The ruling allows him to return to his Milwaukee home while his immigration case continues.

Judge James Patrick Hanlon rejected the government's argument that Sarsour could not invoke the First Amendment because he is not a U.S. citizen. The judge's order gave immediate weight to Sarsour's claim that his detention may have been tied to protected political speech.

What the court found

The core issue in the case was whether immigration detention was being used to punish speech supporting Palestinian rights and criticizing Israel. Sarsour's attorneys said he was targeted for speaking out on that issue.

The judge concluded that Sarsour had raised a substantial retaliation claim. That finding did not resolve the broader immigration case, but it was enough to justify his release from custody.

The ruling matters beyond one detainee because it places a constitutional lens on a detention fight that had already become a test of how far immigration enforcement can go when speech is part of the dispute.

Detention and health concerns

ICE detained Sarsour on March 30, 2026, and he was held at Clay County Jail in Indiana. Earlier reporting from AP on June 9 said his lawyers were seeking release in part because he had allegedly been denied proper diabetes care in custody.

AP reported that Sarsour has Type 2 diabetes and had lost more than 30 pounds while detained. Those health claims had already become part of the public fight over whether he should remain in custody.

Competing claims

Sarsour's lawyers have said he was detained because of his pro-Palestinian advocacy. The government has taken the opposite position, saying he was a foreign policy threat.

The Department of Homeland Security denied that it targeted him for political reasons. AP reported that DHS called Sarsour a terrorist, a characterization his side disputes.

Sarsour is a Palestinian-born legal permanent resident who has lived in the United States for more than three decades. AP also reported that he has no U.S. criminal record.

Why it matters

The case could become a reference point for other detainees who argue that immigration enforcement is being used in response to political speech. It also highlights the legal question of how First Amendment protections apply when the government is detaining a noncitizen.

The dispute also involves decades-old Israeli military convictions that Sarsour disputes. That background has been central to the government's posture, even as the judge focused on the speech-retaliation claim.

What comes next

The immigration case itself is unresolved. The most immediate questions are whether the government appeals, seeks new detention conditions or files additional motions in Sarsour's case.

For now, the immediate effect of the court order is clear: Sarsour is out of ICE custody and back home in Milwaukee while the underlying legal fight continues.