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Federal Judge Orders Release of Milwaukee Mosque Leader Over Free‑Speech Claim

A finding that Salah Sarsour raised a substantial First Amendment retaliation claim could void his detention, leaving him free at home as his immigration and habeas cases proceed.

Overview

  • U.S. District Judge James Patrick Hanlon ordered Salah Sarsour released on his own recognizance Thursday and directed that he remain in Wisconsin while legal proceedings continue.
  • The judge wrote that Sarsour had presented a “substantial” First Amendment retaliation claim that, if proved, could render his detention unlawful.
  • DHS and ICE have accused Sarsour of lying on immigration paperwork and pointed to decades‑old Israeli military court convictions, allegations Sarsour and his lawyers deny.
  • Hanlon said health and community ties weighed for release, noting Sarsour’s Type 2 diabetes and reported loss of more than 30 pounds in custody and his long record of living and working in Milwaukee.
  • The release does not end the case: immigration removal proceedings and Sarsour’s habeas claim remain active, and the ruling highlights a broader legal clash over the government’s national‑security exclusions and constitutional free‑speech protections.