U.S. District Judge James Patrick Hanlon ruled that attorneys representing U.S. Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS) failed to provide sufficient evidence to rebut Sarsour’s allegations that he was targeted in retaliation for protected speech. The judge ordered his release from a county jail in Indiana, where he had been held since March 30, while immigration proceedings continue.

Sarsour, a Palestinian-born lawful permanent resident who has lived in the United States for more than three decades, was detained after the government classified him as a foreign policy threat. His attorneys argued that the action was motivated by his public criticism of Israel and support for Palestinian rights.

In his ruling, Hanlon wrote that the government had not adequately explained why Sarsour was suddenly deemed a threat after years of lawful residence and repeated reviews of his immigration status. The judge stated that invoking foreign policy interests does not automatically override constitutional protections for free expression.

Sarsour was released several hours after the decision. In a statement, he said he was relieved to return to his family after nearly 80 days in detention and vowed to continue speaking on behalf of Palestinians and broader humanitarian causes.

The case has also drawn attention to concerns about detainee health care. Sarsour, who has Type 2 diabetes, lost more than 30 pounds during his detention, according to his attorneys, who alleged that inadequate monitoring of his condition placed him at serious medical risk. His legal team cited those health concerns as a factor supporting his release.

DHS did not immediately comment on the ruling. Earlier this month, a department spokesperson rejected allegations of mistreatment in ICE custody, stating that detainees receive adequate food and medical care, and described Sarsour as both a criminal and a terrorist.

The ruling comes amid broader scrutiny of detention conditions in U.S. immigration facilities. An investigation by KFF Health News and The Associated Press found that hundreds of detainees in at least 33 states have filed federal lawsuits alleging medical neglect while in custody.

Sarsour has no criminal record in the United States. Court records show he was convicted by an Israeli military court in 1989 of throwing a Molotov cocktail and stones at Israeli forces and in 1995 of attempting to possess weapons and ammunition. Sarsour has denied committing those offenses.

Hanlon noted that U.S. authorities had long been aware of the Israeli convictions and had considered them multiple times during reviews of Sarsour’s immigration status, including assessments related to naturalization eligibility. Despite that history, the government did not seek his detention until this year.

Government attorneys argued that Sarsour did not enjoy the same First Amendment protections as U.S. citizens. Hanlon rejected that position, writing that individuals lawfully present in the United States are entitled to constitutional protections, including free speech rights.

The judge also cited Sarsour’s longstanding community ties in Milwaukee, including his wife, six children and nine grandchildren, all of whom are U.S. citizens, as factors weighing in favor of release while the immigration case proceeds.

Sarsour, a legal permanent resident of the United States who has lived in the country for more than three decades, was detained by ICE agents in April and is currently being held in a county jail in Indiana. His attorneys contend that authorities have failed to provide consistent monitoring of his blood sugar levels and warned that the alleged lack of care could expose him to serious medical complications.

During a hearing before U.S. District Judge James Patrick Hanlon, attorneys said Sarsour had lost approximately 30 pounds since entering detention. They argued that his condition continues to worsen and called for his immediate release while legal proceedings continue.

“We had the opportunity to make a direct, urgent appeal to the court about the need for Salah’s release, including being able to report that he has lost a staggering 30 pounds while in detention,” attorney Luna Droubi said in a statement following the hearing. She added that the judge raised questions regarding the medical care being provided to Sarsour.

According to a letter submitted to the court by Sarsour’s legal team, he recently experienced severe abdominal pain but was told jail officials could not assist him and that he would need to purchase his own medication. The attorneys also alleged that his blood sugar levels have not been checked consistently despite his diabetic condition.

Officials from ICE and the Department of Homeland Security did not immediately respond to requests for comment. Court filings submitted by government attorneys in the case were not immediately available for public review because they appeared to be sealed in federal court records.

Sarsour’s attorneys have challenged the basis for his detention, describing allegations that he poses a foreign policy threat as unfounded. They argue that he was targeted because of his public criticism of Israel and because of a conviction handed down by Israeli military courts when he was a minor. They noted that he has no criminal record in the United States.The legal filing also detailed allegations concerning Sarsour’s treatment while in custody.

His attorneys said jail guards denied him access to a Qur’an and repeatedly interrupted him during prayers. They further alleged that when he requested food suitable for managing his diabetes, he was advised to purchase BBQ pork rinds from the commissary despite religious dietary restrictions associated with his Muslim faith.

“My dad would have been starting his day as usual by checking in on my grandmother and heading to work,” his son, Kareem Sarsour, said in a statement. “We’re not only fighting now for my dad’s legal right to be here, but also for his health and basic due process guaranteed by his constitutional rights to speak up about injustice.”

The allegations mirror claims raised in numerous lawsuits filed by immigration detainees across the United States. A joint investigation by KFF Health News and The Associated Press found that hundreds of detainees in at least 33 states have alleged inadequate medical treatment while in immigration custody, including delayed or denied care for conditions such as diabetes, cancer, epilepsy, HIV, high blood pressure and Parkinson’s disease.