A United States immigration judge has ruled that Salah Sarsour, the leader of Wisconsin’s largest mosque, can be deported under a law utilized by the Trump administration against non-citizens advocating for Palestinian rights. Judge Jayme Salinardi made the ruling on Wednesday, stating that Sarsour's actions undermine US foreign policy to combat antisemitism, as indicated in a memo by Secretary of State Marco Rubio.
Sarsour, who has lived in the US for over 30 years, expressed disappointment with the ruling, stating, "I will continue fighting to defend the right to free speech and to stay in the country I have called home for more than three decades." His lawyer, Patrick Taurel, rejected the decision, asserting that the evidence presented in court supports Sarsour's case for remaining in the US.
The ruling does not lead to immediate deportation, as Sarsour's lawyers have 60 days to argue that his deportation would put him at risk of torture, which could protect him under the Convention Against Torture. If they lose this argument, they plan to appeal. Taurel noted that Sarsour cannot be deported while the appeal is pending.
Sarsour was detained by Immigration and Customs Enforcement (ICE) in March, following a memo from Rubio that declared him deportable on foreign policy grounds. The memo invoked a rarely-used US law allowing the Secretary of State to seek the deportation of non-citizens whose presence could have serious adverse foreign policy consequences. Similar actions have been taken against other pro-Palestinian activists.
Taurel criticized the deference given by Judge Salinardi to Rubio's memo, stating that the judge felt constrained by a previous ruling in another case. The government did not prevail on all arguments, as Salinardi dismissed allegations that Sarsour lied on his green card application and falsely claimed US citizenship to vote.
Sarsour is also contesting his detention in federal court, where a judge ordered his release from ICE custody in June after 81 days, questioning the justification for his detention based on long-known convictions. The Trump administration has appealed this release, citing security threats due to Sarsour's past convictions in Israel.
Sarsour denies the offenses, claiming his confessions were obtained under torture. His former lawyer testified that Sarsour was coerced into signing confessions and was not connected to any terrorist organization. Taurel criticized the judge for favoring Israeli government records submitted by ICE, which he argued were incomplete and based on coerced confessions.
The case raises broader questions about the ability of immigrants to speak freely on political issues without government targeting. Sarsour stated that deportation to the occupied West Bank would mean the end of his life, and his lawyers argue that his prior treatment in Israeli custody indicates he could face torture if returned. The judge also mentioned Jordan as a potential destination for Sarsour, but his lawyers contend he is not a Jordanian citizen and could ultimately be sent back to Israeli custody if deported there.