Sarsour v. Swearingen, Lyons, Mullin, Rubio and Blanche

On the morning of March 30, 2026, armed federal agents in civilian clothing – armed with guns – surrounded Milwaukee resident Salah Sarsour while he was on his way to work. He was abducted, detained, and whisked away to another state away from his wife, six children, nine grandchildren, elderly mother, and his community. Mr. Sarsour has been a lawful permanent resident of the United States for 33 years. During that time, Mr. Sarsour has become the president of the largest mosque in Wisconsin, an owner of multiple businesses, and a pillar of his community. In short, Mr. Sarsour is a towering figure in his community.

He is currently detained by the federal government near Terra Haute, Indiana, at the Clay County Jail, and his immigration case is pending in the Chicago Immigration Court.

The ACLU of Illinois has joined a coalition legal team seeking Mr. Sarsour’s release from immigration detention.

Before moving to the United States, Mr. Sarsour was born and raised in the Israeli-occupied West Bank. As a result of his experiences there, he has been outspoken in his support of Palestinian human rights. Like others, including Mahmoud Khalil, Rumeysa Öztürk, and Mohsen Mahdawi, his speech has now made him a target of the Trump Administration.

There is clear evidence that the government detained Mr. Sarsour based on his lawful speech and associations, pursuant to the Trump Administration’s unlawful policy of targeting and detaining individuals who engage in speech and advocacy in support of Palestinian rights.

On February 10, 2026—forty-nine days before Mr. Sarsour’s arrest—Assistant Attorney General for Civil Rights Harmeet Dhillon publicly announced that the Department of Justice would “investigate,” “prosecute,” and “dismantle” certain pro-Palestinian organizations “at their very root.”

The Trump Administration argues that the basis for the arrest and detention are decades-old allegations which the government has known about and evaluated or investigated multiple times since Mr. Sarsour immigrated. The government’s decision to now arrest and detain Mr. Sarsour, at the same time that the government has announced its intent to target and dismantle pro-Palestinian groups is not a coincidence. Rather, it is the continuation of the government’s policy to use the Immigration and Nationality Act to violate the First Amendment freedoms of Mr. Sarsour and other non-citizens who speak out in support of Palestinian rights.

On June 19th, the federal district court in Indiana granted a motion to release Mr. Sarsour during the pendency of the habeas petition.

In ordering his immediate release on his own recognizance, U.S. District Judge James P. Hanlon explained in a 29-page order that “Mr. Sarsour has raised a ‘substantial’ First Amendment retaliation claim, which could render his detention unlawful” and that “Mr. Sarsour’s speech in support of Palestinian rights is protected by the First Amendment.” The court also noted his “decades of living a law-abiding life in the United States” and that the government previously reviewed Sarsour’s record and approved him for lawful residence.

The court also took into account Sarsour’s health concerns in detention, noting that while in custody, Sarsour, who has Type-2 diabetes, lost more than 30 pounds and was not provided necessary health care—including daily monitoring of his blood glucose levels. He was also denied access to religious materials and adequate space for prayer.