For more than 80 days, Salah Sarsour, a lawful permanent resident who has lived in the United States for 33 years, remained in immigration detention while challenging the government’s actions against him. Today, a federal judge ordered his immediate release.
The decision reaches far beyond one individual.
In granting release, the Court concluded that Mr. Sarsour had raised a substantial First Amendment retaliation claim, finding that his detention may have been motivated by protected speech in support of Palestinian human rights. The judge emphasized that political speech sits at the core of First Amendment protections and that lawful permanent residents are entitled to those constitutional guarantees.
The Court also noted that the government had known about the underlying allegations for decades, yet chose to detain Mr. Sarsour only after years of public advocacy and leadership within the Muslim community. On the current record, the Court found sufficient evidence to question whether protected speech played a motivating role in his detention.
MLFA’s Head of Immigration Litigation, Kate Brady, serves as co-counsel in both the federal habeas case and the immigration proceedings and is honored to stand with Mr. Sarsour and his legal team in defending the constitutional rights that belong to everyone.
Today’s ruling reunites a family and allows a respected community leader to return home. It also serves as a reminder that the First Amendment protects unpopular speech just as fiercely as popular speech, and that constitutional rights only remain meaningful when someone is willing to defend them.
Read the Court’s order and what this decision means for free speech, due process, and the rule of law.
Muslim Legal Fund of America (MLFA) is a nonprofit organization that addresses unwarranted actions towards Muslims, such as immigration denials and detentions, targeted scrutiny of nonprofit work, prisoners denied religious accommodations, unjust prosecutions and unfair trials, and excessive sentences and cruel conditions for prisoners.