Judge rules Wisconsin mosque leader deportable, but legal battles continue

A US immigration judge ruled that Salah Sarsour, president of the Islamic Society of Milwaukee, can be deported under a rarely used foreign policy provision. Sarsour, a lawful permanent resident for nearly 30 years, was detained in March after Secretary of State Marco Rubio cited his advocacy for Palestinian rights as a threat to US interests. While the judge accepted the government's claim that Sarsour is removable, the ruling does not mandate immediate deportation. Sarsour’s attorneys plan to appeal, arguing that returning him to Israel or Jordan would risk torture. The case highlights tensions between national security claims and free speech protections for pro-Palestinian activists.
Key points
- Judge Jayme Salinardi ruled Sarsour is 'removable' based on a June 2025 memo from Secretary of State Marco Rubio, which invoked a cold-war era law allowing deportation for adverse foreign policy consequences.
- Sarsour was detained by ICE in March 2026 and held for 81 days before a federal judge ordered his release in June, citing potential retaliation for protected speech.
- The government alleged Sarsour lied on immigration forms regarding two decades-old Israeli military court convictions, but the judge rejected the claim that he falsely claimed US citizenship to vote.
- Sarsour’s defense argues his 1989 and 1995 convictions in Israel were based on coerced confessions obtained through torture by the Shin Bet security agency.
- Sarsour has 30 days to file an appeal and 60 days to apply for relief from torture; he cannot be deported until these legal avenues are exhausted.
- Judge Salinardi announced his retirement after the ruling, and Judge Craig Defoe will oversee the case going forward.
Background
This case follows a pattern of the Trump administration using immigration provisions to target pro-Palestinian advocates, including Mahmoud Khalil and Mohsen Mahdawi. In August 2026, a similar expedited deportation was ordered for Nazira Haji Zada under 'alien terrorist' designations. Sarsour’s detention also occurred amid broader ICE enforcement actions, including the deportation of thousands of Mexicans to Guatemala in 2026, which sparked international protests and human rights concerns.
How outlets are covering it
AP News and The Guardian emphasized the 'extreme deference' Judge Salinardi gave to the State Department’s memo, noting it limited the court’s ability to examine the underlying evidence. Al Jazeera highlighted Sarsour’s statement that deportation to the West Bank 'means the end of my life' and his lawyers’ argument that he has no right to reside in Jordan. WISN focused on the local Milwaukee impact, noting the outcry from the Muslim community and the fact that Sarsour has six US citizen children. All sources agreed that the ruling is a setback but not a final deportation order, with Sarsour’s team vowing to continue fighting for his right to remain in the US.
Why it matters
The ruling tests the limits of free speech for non-citizens and the use of national security laws to target political advocacy. It raises questions about due process in immigration courts and the potential for torture if deportees are sent to countries with which the US has security collaborations. The case also reflects broader tensions in US foreign policy regarding Israel and Palestine, and the impact of immigration enforcement on local communities and religious leaders.
What to watch
Sarsour’s legal team will file an appeal within 30 days and an application for relief from torture within 60 days. The government cannot deport him until these legal avenues are exhausted. Judge Craig Defoe will oversee the case following Salinardi’s retirement. Sarsour’s attorneys plan to argue that he faces a high risk of torture if returned to Israel or Jordan, citing testimony from his former lawyer and experts on forced confessions.
- US can deport the leader of Wisconsin’s largest mosque on national security grounds, judge rules AP News
- US judge rules Wisconsin mosque leader Salah Sarsour can be deported Al Jazeera
- US immigration judge allows cold war-era law to deport Wisconsin mosque’s president The Guardian
- Salah Sarsour, Islamic Leader in Wisconsin, Can Be Deported, Judge Rules The New York Times
- Immigration judge rules U.S. can deport Islamic Society of Milwaukee president WISN
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