A U.S. immigration judge has ruled that Salah Sarsour, the Palestinian-American president of Wisconsin’s largest mosque, can be deported on “foreign policy” and “national security” grounds amid efforts by the Trump administration to deport the community leader.
Judge Jayme Salinardi ruled that Sarsour is removable under a rarely used provision of the U.S. Immigration and Nationality Act after accepting the Trump administration’s argument that his presence in the country could have potentially serious adverse consequences for U.S. foreign policy.
The decision relied heavily on a 2025 memorandum from then-U.S. Secretary of State Marco Rubio, which argued that Sarsour’s activities undermined U.S. foreign-policy objectives relating to antisemitism and organisations designated by Washington as terrorist groups.
It has been alleged that Sarsour may have once been a member of or helped fundraise for Hamas, a proscribed group in the US, however, those allegations are strongly denied by Sarsour and his lawyers.
However, the judge rejected separate allegations from the U.S. government that Sarsour had lied on his green-card application more than three decades ago or falsely claimed U.S. citizenship in order to vote.
Sarsour, who has lived in the United States since 1993 and has no U.S. criminal record, was arrested by Immigration and Customs Enforcement (ICE) in March and held for more than 80 days. He was released in June after a federal judge found that he had raised a “substantial” claim that his detention was retaliation for his advocacy for Palestinian rights.
The government’s case also relies on convictions Sarsour received in Israeli military courts decades ago. Sarsour denies the offences, while his lawyers argue that he was tortured and coerced into making confessions. His former Israeli lawyer testified during the proceedings that Sarsour had been coerced and that he was not convicted of an offence linking him to any terrorist organisations.
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Sarsour said the latest ruling was “deeply disappointing” and vowed to continue fighting both for his right to remain in the U.S. and for his right to free speech.
His lead attorney, Patrick Taurel, said his legal team intends to appeal the decision and criticised what he described as the judge giving “extreme deference” to Rubio’s determination to deport what is a lawful permanent resident and Israeli government records.
Importantly, Sarsour cannot simply be deported immediately following the ruling. His lawyers have a period in which to seek protection from removal, including on the grounds that he could face torture if returned. They also intend to appeal the deportability finding. The case will continue before another immigration judge after Salinardi announced his retirement.
Sarsour has said that deportation to the occupied West Bank could put his life at risk from Israel. His lawyers have also raised concerns over the possibility of him being sent to Jordan, where they say he has no legal right to reside.
Sarsour has been a prominent Palestinian-rights advocate in Milwaukee and is a board member of American Muslims for Palestine (AMP). Members of Congress who supported his release described him as having been particularly outspoken about the Gaza war.
While he was in ICE detention, he reportedly said: “I stood with all of you in the streets, saying no to the oppression, no to the genocide against Gaza and Palestine, no to war, no to the killing of children.”
The case is being closely watched because it involves the use of a Cold War-era immigration provision against a prominent Palestinian rights advocate. The same provision has been used by the Trump administration in cases involving other pro-Palestinian activists, including Mahmoud Khalil and Mohsen Mahdawi.
For now, Sarsour remains in the United States as his legal battle continues.
