US Immigration Court Rules Palestinian Mosque Leader Eligible for Deportation

An immigration court judge in Chicago has ruled that Salah Sarsour, a Palestinian-born Muslim leader who has lived in the U.S. for over three decades, can be deported on national security and foreign policy grounds. Sarsour, president of the Islamic Society of Milwaukee and leader of the largest mosque in Wisconsin, has been a lawful permanent resident since 1993.

The ruling stems from an unusual decision by Secretary of State Marco Rubio, who invoked a provision in U.S. immigration law allowing for the removal of foreign nationals whose presence could have significant negative foreign policy implications. This clause, dating back to the Cold War, has been used in other cases involving pro-Palestinian activists.

The judge, Jamie Salinger, accepted the foreign policy argument but rejected a key government claim that Sarsour had lied on his green card application decades ago. The case also involves Sarsour's past in Israel, where he was imprisoned in 1988 for stone-throwing at soldiers. U.S. authorities also claim he was convicted of attempted possession of a weapon in 1995, though his lawyers dispute the specifics of the charges and assert that any confessions were coerced.

Sarsour denies the allegations, claiming his confessions were extracted under duress and torture, a claim his lawyers presented in the U.S. proceedings. The Department of Homeland Security stated that Rubio had reasonable grounds to believe Sarsour's presence could harm U.S. foreign policy and alleged Sarsour engaged in or supported terrorist activity, claims Sarsour and his supporters reject.

Sarsour was arrested by ICE in Milwaukee in March and held for over 80 days before a federal judge ordered his release in June, citing a significant claim that his detention was retaliatory for his anti-Israel statements and pro-Palestinian activism. The government appealed this decision. Sarsour, who calls the proceedings a bid to silence his political activity, stated the ruling was "very disappointing" and vowed to continue his legal fight. His lawyers announced they would appeal, and the Muslim community in Wisconsin views the case as political persecution.

Despite the ruling, Sarsour is not expected to be deported immediately, as his lawyers can appeal within 30 days and have 60 days to seek relief to prevent his removal. The judge who made the ruling announced his retirement shortly after, and the case will proceed with another immigration judge, potentially reaching the federal appeals court.