Federal Court Orders Release of Pro-Palestinian Advocate from ICE Detention
The Terre Haute Division of the U.S. District Court for the Southern District of Indiana mandated on Thursday that Immigration and Customs Enforcement (ICE) “immediately release” Salah Sarsour, a lawful permanent resident of the United States, from ICE custody.
Federal Judge James Hanlon ruled that Sarsour successfully demonstrated a “substantive claim of First Amendment retaliation” based on his speeches advocating for Palestinian rights and criticizing the Israeli government. The court concluded that the government likely detained him due to his activism, deeming his detention unlawful. Notably, the court did not reach a conclusion regarding the validity of Sarsour’s First Amendment claims or the potential for his removal from the country.
Born in Palestine, Sarsour serves as president of the Islamic Society of Milwaukee, the largest mosque in Wisconsin, and is a board member of American Muslims for Palestine (AMP), an organization dedicated to advocating for Palestinian rights. He has lived in the United States for 33 years, attaining lawful permanent residency in 1998.
Sarsour has no criminal record during his time in the U.S.; however, he was previously convicted of throwing petrol bombs and stones at Israeli forces before emigrating. The court noted that U.S. immigration authorities were well aware of these charges and had previously granted him permanent residency after consideration. There remains ambiguity surrounding the reasons why Sarsour has not pursued naturalization, according to the evidence presented.
In March, armed plainclothes officers in ten unmarked vehicles detained Sarsour under an I-200 administrative warrant, leading to his transport to the Indiana Detention Center. During his 80-day detention, he reportedly experienced significant weight loss and severe health complications due to uncontrolled diabetes, as he claimed that jail staff monitored his blood sugar only once a month.
The government contended that Sarsour’s First Amendment rights do not extend to him as a non-citizen. Additionally, it argued that national security and foreign policy considerations justified restrictions on his speech. Senator Marco Rubio expressed support for this view in a memo to the Department of Homeland Security, asserting that Sarsour’s actions undermined U.S. foreign policy and could warrant deportation despite his green card status.
The court dismissed these arguments, affirming that all individuals who legally enter the United States possess the same constitutional rights as citizens. Judge Hanlon rejected claims made during the Trump administration suggesting that pro-Palestinian expression jeopardizes U.S. foreign policy, asserting that merely raising concerns about foreign relations does not override First Amendment protections. He also countered Rubio’s assertion that Sarsour’s speech posed a national security threat.
Sarsour’s detention reflects patterns in ICE’s use of similar rationales to detain individuals involved in pro-Palestinian advocacy. The Trump administration has frequently invoked Section 212(a)(3)(C) of the Immigration and Nationality Act, which empowers the government to deny entry or expel foreign nationals considered detrimental to U.S. foreign policy. Courts have previously remarked that this provision is seldom applied, with many detainees arguing that their arrests stem from retaliatory motives.
Mahmoud Khalil, a Columbia University graduate and Palestinian student leader, faced similar circumstances regarding his detention. Like Sarsour, Khalil was a legal permanent resident at the time of his arrest. A federal appeals court reversed a lower court’s decision to release him in January, and he remains in custody. In May 2025, two other individuals, Mohsen Mahdawi and Badar Khan Suri, were released by their respective courts after challenges to their detentions.
Rights advocates are increasingly alarmed by the actions of U.S. immigration officials, particularly since the onset of President Trump’s second term. They are urging the administration to uphold the fundamental rights of individuals residing in the country. A recent report by Amnesty International warns of the rising authoritarianism in the U.S. and highlights how the rule of law and fundamental rights are under threat.
