ICE Detained a Green Card Holder for 80+ Days Over Activism
What if ICE arrests you on your way to visit your mother — and you have a green card? That is exactly what happened to Salah Sarsour, a Milwaukee mosque president and permanent resident of nearly three decades. He spent more than 80 days in federal immigration detention before a federal judge ordered his release, and the government is still trying to deport him.
Salah Sarsour, 53, was surrounded by at least 10 unmarked vehicles and armed agents in civilian clothing on March 30 while driving to see his elderly mother. ICE took him first to a detention center near Chicago, then to a facility in Indiana. He is a lawful permanent resident (green card holder) who has lived in the US since 1993, owns several businesses, and has six US-citizen children and nine grandchildren. He had no criminal record in the US.
Why the government says it detained him
The Department of Homeland Security claimed Sarsour was "suspected of funding terror organizations and lying on immigration forms." DHS also cited decades-old military court convictions from Israel — from 1989, when Sarsour was a teenager during the first intifada. Sarsour says he was arrested by Israeli soldiers at age 17 and forced under torture to sign documents in Hebrew he could not read. He was convicted in a military court system for Palestinians that, according to his attorneys, has a conviction rate of over 96%. Court documents show the US government reviewed those same Israeli arrests multiple times since 2000 while evaluating Sarsour for naturalization — and took no action until now. Secretary of State Marco Rubio personally signed a memo describing Sarsour as deportable, saying his actions "undermine US foreign policy to combat antisemitism."
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What the court found — and what comes next
A federal judge released Sarsour after finding he had probably been detained in retaliation for his advocacy for Palestinian rights — a finding the judge said would make his detention unlawful. The American Civil Liberties Union of Illinois is representing him. Samuel Cole, a former immigration judge and senior ACLU attorney, said the government "fast-tracked" Sarsour's immigration case to make a political point, using immigration court "as a tool for enforcement policies." Sarsour's hearing in Chicago immigration court took place this week. A separate federal case on the legality of his detention is still moving through the courts. The Trump administration continues to seek his deportation.
Sarsour described conditions in detention as "dehumanizing." He said he lost more than 30 pounds, was denied daily blood sugar checks despite being diabetic, slept on a 2-inch mattress in a freezing room with dozens of men, and was refused permission to hold Friday prayers or celebrate Eid. A month after his release, he said he did not feel like the same person. His case has drawn comparisons to those of Mahmoud Khalil and Leqaa Kordia, other long-term residents detained over pro-Palestinian activism.
What to do
- Know your rights before any ICE encounter: You have the right to remain silent and the right to speak with an attorney. Do not sign any documents — including voluntary departure or deportation agreements — without a lawyer present.
- If you are detained, contact an immigration attorney immediately: Your attorney can file an emergency motion challenging the detention, as happened in Sarsour's case. The ACLU and local legal aid organizations can help if you cannot afford a lawyer.
- Document your advocacy and community ties: Courts weigh how long you have lived in the US, your family connections, and your community role. Keep records of your residence, employment, and family relationships — these matter in removal proceedings.
- If you have old foreign convictions or arrests, talk to an immigration lawyer now: The government can use decades-old foreign records against you. A lawyer can assess your risk before ICE does.
What to do, step by step — see our guide “Your Rights During an ICE Encounter”.
Fishkin Law Firm, New York
Green card holders in removal proceedings have the right to a hearing before an immigration judge and the right to appeal — but those rights only help if you use them quickly. If ICE detains you, your attorney can file a habeas corpus petition in federal court challenging the legality of the detention itself, separate from the immigration case. Anyone with foreign arrests or convictions — even from decades ago, even from military courts abroad — should get a legal assessment now, before enforcement catches up. Consult an immigration attorney who handles removal defense.
Frequently Asked Questions
Can ICE detain a green card holder (lawful permanent resident)?
Yes. Having a green card does not protect you from ICE detention or deportation. The government can place a permanent resident in removal proceedings and detain them while the case moves through immigration court. A federal judge can order release if the detention appears unlawful — as happened in Sarsour's case — but that requires filing legal motions quickly.
Can old foreign convictions be used against me in US immigration court?
Yes. The US government can use arrests or convictions from other countries — even decades-old ones, even from military courts — as grounds for deportation. Court documents in Sarsour's case show the government reviewed his Israeli arrests multiple times since 2000. If you have any foreign record, talk to an immigration lawyer to understand your risk.
What is a habeas corpus petition and how did it help Sarsour?
A habeas corpus petition is a legal filing that asks a federal court to review whether your detention is lawful. It is separate from your immigration case. Sarsour's attorneys filed one, and a federal judge found his detention was probably retaliatory and therefore unlawful — which led to his release. This option is available to anyone in immigration detention.
Do I have to sign deportation paperwork if ICE asks me to?
No. You have the right to refuse. Signing voluntary departure or deportation documents waives important legal rights. Sarsour refused to sign when agents presented paperwork, which allowed his attorneys to fight his case in court. Never sign immigration documents without speaking to a lawyer first.