Chicago Judge Rules Salah Sarsour Removable Under Foreign Policy Provision

A Chicago immigration judge has ruled that Salah Sarsour, a prominent figure in Milwaukee’s Muslim community, may be removed from the United States. The decision, made on September 30, 2026, by Judge Jayme Salinardi, cited a rarely used foreign-policy provision of immigration law. While the ruling states Sarsour is removable, it does not mandate his immediate deportation, leaving avenues for legal challenge open.

Sarsour, who was born in Ramallah and has been a lawful permanent resident since 1993, leads the Islamic Society of Milwaukee. The government’s case against him included two main allegations: one concerning misrepresentation on his green card application and another based on national security and foreign policy concerns. Judge Salinardi rejected the claim of misrepresentation but found grounds for removability under the foreign-policy provision.

Legal Challenges Remain for Salah Sarsour

Despite the judge’s ruling, Sarsour’s legal team has a limited but critical window to contest the decision. They have 30 days from the September 30 ruling to file an appeal. This appeal process would pause any deportation proceedings while the case is under review.

In addition to the appeal, Sarsour’s lawyers also have 60 days to seek protection under the Convention Against Torture. This claim is based on the argument that returning Sarsour to the West Bank would expose him to torture by Israeli authorities. His lawyers have stated that a return to the West Bank would be life-threatening for him. The immigration judge has yet to rule on this specific request for protection.

Foreign Policy Provision Invoked in Removal Case

The government’s primary argument for Sarsour’s removal was based on a seldom-used immigration law provision linked to foreign policy and national security. This provision, which dates back to the Cold War era, allows for the deportation of noncitizens whose presence is deemed detrimental to U.S. foreign policy interests. Secretary of State Marco Rubio invoked this provision in a memo issued in June 2025, stating that Sarsour’s presence could have “potentially serious adverse foreign policy consequences” and negatively impact U.S. efforts to combat antisemitism.

The judge’s decision to uphold removability under this provision was not based on a U.S. criminal conviction. Instead, it focused on the foreign policy implications outlined by the Secretary of State. It is important to note that this ruling applies specifically to Sarsour’s case and does not set a broader legal precedent for future cases, as it is not a published decision from the Board of Immigration Appeals or a federal appeals court.

Background of Sarsour’s Detention and Claims

Sarsour was detained by Immigration and Customs Enforcement in Milwaukee in March 2026. He was released in mid-June 2026 after a federal judge determined that he had presented a “substantial” claim. This claim suggested that his detention was politically motivated due to his public criticism of Israel and his advocacy for Palestinian rights.

Sarsour has no criminal record in the United States. However, his history includes an imprisonment in Israel in 1988, following a conviction related to throwing stones or a Molotov cocktail at Israeli military personnel. This past experience forms a significant part of his legal defense, as his lawyers argue that his deportation to the West Bank would place him at risk of torture.

Reactions to the Ruling

The Department of Homeland Security (DHS) expressed satisfaction with the judge’s decision, noting that the judge “sustained multiple grounds of removability.” A DHS statement emphasized that “All illegal aliens receive due process,” and that the department will proceed with removal if a judge determines an individual has no legal right to remain in the country.

Salah Sarsour described the ruling as “deeply disappointing” but vowed to continue his legal fight. He stated his intention to “continue fighting to defend the right to free speech and to stay in the country I have called home for more than three decades.” The legal proceedings are expected to continue as his lawyers pursue the available appeals and protection claims.

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