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.