US Immigration Judge Allows Cold War Law to Deport Mosque President 2026

US immigration judge allows cold war-era law to deport Wisconsin mosque’s president, Salah Sarsour, a US permanent resident for nearly three decades. The ruling, issued Tuesday night, has ignited fierce debate over free speech rights and the Trump administration’s use of a controversial, decades-old statute to target foreign nationals who speak out on Palestinian rights.

Background of the Case

Salah Sarsour, president of Wisconsin’s largest mosque, was detained by US Immigration and Customs Enforcement (ICE) in March. A federal judge later found that he had probably been detained in retaliation for his advocacy for Palestinian rights, rendering his detention unlawful. Sarsour was released, but the administration pressed forward with a separate immigration case, fast-tracking it. On Tuesday night, immigration judge Jayme Salinardi ruled that Sarsour is “removable” under the cold war-era law.

What Is the Cold War-Era Law?

The law in question, the Immigration and Nationality Act, contains provisions that allow deportation of non-citizens for certain political activities. Specifically, it targets those who endorse or advocate for causes that could be deemed subversive. The Trump administration has sought to wield this law against individuals outspoken about Palestinian rights, raising concerns about its application to lawful permanent residents.

Key Takeaways

• Salah Sarsour, a US permanent resident for nearly 30 years, faces deportation under a cold war-era law.
• A federal judge previously found his detention was likely retaliatory for his advocacy for Palestinian rights.
• An immigration judge ruled he is “removable,” despite no criminal charges.
• The ruling is seen as a setback for free speech rights by Sarsour’s attorneys.
• The Department of Homeland Security has not yet responded to requests for comment.

Comparison: Federal Court vs. Immigration Court Rulings

Free Speech Implications

Sarsour’s attorneys called the ruling “a setback for free speech rights.” Patrick Taurel, one of Sarsour’s attorneys, stated during a press conference, “The case we presented compels only one conclusion, which is that Salah is not deportable, he has done nothing wrong. He should be given back his green card with an apology for what’s been done to him.” The case raises questions about whether the government can use immigration law to punish protected speech.

What Happens Next?

Sarsour’s legal team is expected to appeal the immigration judge’s decision. The case may ultimately return to federal court, where the earlier ruling favored Sarsour. Meanwhile, the Department of Homeland Security did not immediately respond to a request for comment. The outcome could set a precedent for how the cold war-era law is applied to permanent residents engaged in political advocacy.

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