Judge rules Wisconsin mosque leader deportable under foreign policy law

Key points

• Judge Jayme Salinardi ruled Sarsour removable based on a memo from Secretary of State Marco Rubio, which claimed his actions undermine US foreign policy.
• Sarsour was detained by ICE in March 2026 and released in June after a federal judge found probable retaliation for his advocacy.
• His lawyers have 60 days to argue that deportation would risk torture under the Convention Against Torture.
• The judge rejected government claims that Sarsour lied on his green card application or falsely claimed US citizenship to vote.
• Sarsour faces potential deportation to Jordan or the West Bank, where he claims he could face torture based on past Israeli military detention.

Background

This case follows similar actions against pro-Palestinian activists Mahmoud Khalil and Mohsen Mahdawi, who were also targeted under the same foreign policy provision. In September 2026, UN human rights experts warned that US third-country deportation policies are causing a 'cascade of human rights violations,' highlighting concerns about the safety of individuals sent to conflict zones or countries with inadequate protections. Sarsour’s case is part of a broader pattern of legal challenges against non-citizens who advocate for Palestinian rights, raising questions about free speech and immigration enforcement.

How outlets are covering it

Al Jazeera and The Guardian emphasize the ruling as a setback for free speech and highlight the 'extreme deference' the judge showed to the State Department’s memo. AP News focuses on the national security grounds for the ruling, while WISN provides local context, noting the outcry in Milwaukee and the community’s support for Sarsour. All sources agree that the ruling does not mean immediate deportation, but they differ in emphasis: Al Jazeera and The Guardian stress the free speech implications, while AP News and WISN focus more on the legal and procedural aspects of the case.

Why it matters

The ruling sets a precedent for using foreign policy grounds to deport non-citizens who advocate for causes the US government opposes. It raises concerns about the limits of free speech for immigrants and the potential for retaliation against those who speak out on political issues. The case also highlights the risks of deportation to countries where individuals may face torture or persecution, as seen in Sarsour’s past detention in Israel.

What to watch

Sarsour’s lawyers have 60 days to argue that deportation would risk torture under the Convention Against Torture. If they lose, they plan to appeal. The Trump administration has also appealed a federal judge’s order to release Sarsour from ICE custody, arguing that his convictions in Israel make him a security threat. The case is expected to continue in federal court, with potential implications for other pro-Palestinian activists targeted under similar provisions.