A federal judge on Thursday ordered immigration authorities to release the Palestinian president of Wisconsin’s largest mosque from custody after concluding that he presented a “substantial” claim that his detention may have been connected to protected speech.

Sarsour, who is a legal permanent resident of the United States, had been taken into custody by U.S. Immigration and Customs Enforcement (ICE) agents on March 30. Federal officials argued that he represented a foreign policy concern and justified the detention on those grounds.

Attorneys representing Sarsour pushed back against that position, arguing that the government’s actions were actually tied to his public comments and advocacy regarding Palestinian rights and his criticism of Israel.

The judge’s ruling focused on whether constitutional protections surrounding free speech could be implicated in the case, not on resolving broader foreign policy questions or making a final determination about the underlying claims.

Cases like this continue to highlight the ongoing tension between national security authority and constitutional protections inside the United States. Americans broadly expect immigration laws to be enforced while also expecting that government actions meet constitutional standards and withstand judicial scrutiny — two ideas that should not be mutually exclusive, no matter how loudly some people insist otherwise.

For now, the court’s order means Sarsour will be released as the legal process continues and the larger questions surrounding the case move forward through the judicial system.