US Federal Court Frees Pro-Palestinian Activist From ICE Custody, Says Detention Violates Free Speech Rights

A federal court in Indiana has ordered the immediate release of Salah Sarsour, a lawful permanent resident of the United States who was detained by Immigration and Customs Enforcement (ICE) earlier this year. The court held that Sarsour had raised a substantial claim that his detention may have been motivated by his pro-Palestinian advocacy, raising concerns under the First Amendment.

Sarsour, who was born in Palestine, has lived in the United States for more than three decades and serves as president of the Islamic Society of Milwaukee. He was arrested by ICE agents in March 2026 and transferred to a detention facility in Indiana, where he remained in custody for nearly 80 days.

The government argued that Sarsour could be removed from the country because his activities allegedly undermined US foreign policy interests. It relied on a determination made by Secretary of State Marco Rubio and maintained that national security and foreign policy considerations justified his detention.

Judge James Hanlon rejected those arguments at this stage, observing that lawful permanent residents enjoy constitutional protections, including freedom of speech. The court stated that merely invoking foreign policy concerns does not automatically override First Amendment rights.

While the court did not decide whether Sarsour can ultimately be deported, it concluded that his continued detention was unlawful and ordered his release. The ruling adds to a growing number of cases in which courts have scrutinized immigration actions taken against individuals involved in pro-Palestinian advocacy, highlighting ongoing debates over free speech, immigration enforcement, and constitutional protections in the United States.