Judge orders ICE to release Wisconsin mosque president on free speech claim
Democrats want to close the Delaney Hall ICE detention center
House Homeland Security Committee Democrats have held an unauthorized hearing in Newark, NJ, to investigate an ICE detention center amid recent unrest. Congressional reporter Bill Melugin explains that Democrats, unable to call the impeachment hearings, are hosting their own “shadow hearings” led by Congressman Bennie Thompson. Former DHS Secretary Chad Wolf provides context, highlighting that Delaney Hall operated under the Obama administration without similar complaints from Democrats.
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A federal judge on Thursday ordered immigration officials to release the Palestinian president of Wisconsin's largest mosque, ruling that the man raised a “substantial” free speech claim that he was intended to speak in support of Palestinian rights.
Sarsour, a legal US citizen, was detained by US Immigration and Customs Enforcement agents on March 30, with government officials saying he is a foreign policy threat.
But Sarsour's lawyers argued that he had been arrested for speaking ill of Israel.
US District Judge James Patrick Hanlon, who was appointed by President Donald Trump, wrote that the lawyers of ICE and the Department of Homeland Security did not provide enough evidence to refute Sarsour's allegations of retaliation for free speech and that the government also failed to explain why Sarsour is considered a threat after more than three decades of legal residence in the country.
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The President of the Islamic Society of Milwaukee, Salah Sarsour, smiles shortly after being released from an Indiana state jail, where he was arrested after being arrested by ICE agents in March. (Yaseen Najeeb via AP)
“Mere persuasion concerning foreign relations does not automatically diminish First Amendment rights,” Hanlon wrote.
A judge ordered officials to release Sarsour from the Indiana jail where he was being held, allowing him to return to his home in Milwaukee while his immigration case is pending. He was released just hours after Hanlon's decision.
“I am very relieved to be with my family. It has been 80 days since I could go out and breathe,” said Sarsour's statement. “This event is a reminder to all of us that we must fight together for our right to be the voice of the silenced people. I will not stop speaking for Palestine and humanity, no matter where I am.”
Sarsour has Type 2 diabetes and lost more than 30 pounds during his incarceration. His lawyers say his blood sugar levels were checked once a month in prison, putting him at risk of organ failure or even death.
His legal team said in a statement that they were happy about his release and that he should not have been arrested. They said the decision was “a stark reminder that, if the government were to target Mr. Sarsour, everyone's free speech rights are at risk.”
Salah Sarsour is a legal resident of the US (Islamic Society of Milwaukee via AP)
DHS described Sarsour as a “convicted terrorist who threw Molotov cocktails” and any allegations of discrimination by ICE agents are false.
Sarsour has no criminal record in the US, but the agency appears to be referring to his conviction by Israel's Ramallah Military Court in 1989 for throwing Molotov cocktails and rocks at Israeli soldiers. He was also convicted by the same court in 1995 for trying to carry weapons and ammunition. Sarsour denied committing those crimes.
Israel's military courts have faced criticism over the years over allegations of limited procedures and high rates of convictions of Palestinians, although Israel has denied those allegations.
Hanlon wrote that the federal government has known about the charges against Sarsour for 25 years and looked at them at least four times when evaluating his eligibility for naturalization. On top of this, the judge wrote that the government did not detain Sarsour until this year.
DHS described Salah Sarsour as a “convicted terrorist who threw Molotov cocktails” and said any allegations of discrimination by ICE agents were false. (David Maung/Bloomberg)
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Attorneys for DHS and ICE Sarsour do not have the same First Amendment rights as US citizens, but Hanlon rejects that argument, writing that people entering the US legally are invested with the same rights guaranteed by the Constitution to everyone living in the country.
The judge also said that Sarsour's deep relationship with the community and his life were also considered in order to rule in favor of his release. Sarsour has a spouse, six children and nine grandchildren who are all American citizens.
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“We're back dad!” Salah's son, Kareem Sarsour, said in a statement. “This experience has been a nightmare that I have to wake up to every day, his life is at risk in a brutal underground cell just for speaking up for Palestine. But we know who my father is, he is the voice of the voiceless and the heart of our family and our community. I can't wait to kiss him, and I hope that everyone like him will be freed.”
The Associated Press contributed to this report.
