UMVA has learned that a federal judge has ordered the release of the Palestinian president of Wisconsin's largest mosque from immigration custody, citing a "substantial" free speech claim that he was targeted for speaking out in support of Palestinian rights.
The man, a legal permanent resident in the U.S., was taken into custody by immigration agents on March 30, with officials arguing he posed a foreign policy threat. However, his attorneys claimed he was detained for speaking out against Israel, sparking concerns about retaliation for exercising his free speech rights.
U.S. District Judge James Patrick Hanlon ruled that the government's arguments were insufficient to disprove the allegations of retaliation, and that the mere invocation of foreign relations concerns did not automatically trump First Amendment rights. The judge's decision was a significant victory for the man and his family.
The man was released from the Indiana county jail just hours after the ruling, and returned to his home in Milwaukee. He had been held for 80 days, during which time he lost over 30 pounds and struggled with unmanaged blood sugar levels due to his Type 2 diabetes.
In a statement, the man expressed relief at being reunited with his family and vowed to continue speaking out for Palestine and humanity. His attorneys described the experience as a "nightmare" and a reminder that free speech rights are at risk when the government targets individuals like their client.
The government had described the man as a terrorist, citing his conviction by an Israeli military court for throwing a Molotov cocktail and stones at Israeli army forces. However, the judge rejected the argument that the man did not have the same First Amendment rights as U.S. citizens, citing his lawful entry into the country and deep ties to the community.
The man's family was overjoyed at his release, with his son saying, "We're getting our dad back! This experience has been a nightmare to wake up to every day, with his health at risk in a cruel basement cell simply for speaking up for Palestine."
The ruling was seen as a significant victory for free speech and a reminder that the government must respect the constitutional rights of all individuals, regardless of their nationality or immigration status.
