A federal judge has ordered the release of the president of Wisconsin’s largest mosque, after finding that immigration officials likely detained him in retaliation against his public advocacy for Palestinian rights, suppressing his first amendment rights in the process.

The US district judge James Patrick Hanlon’s order on Thursday marked a sharp rebuke against Trump officials, including the secretary of state Marco Rubio, who had tried to paint Salah Sarsour as a national security threat.

“Salah Sarsour, who has lived in this country for more than three decades and served as a core pillar in his community without any issues, should never have been detained in the first place,” his legal team wrote in a statement. “While we continue to fight these baseless claims in court, today is about celebrating a family being reunited. It is also a sober reminder that, if the government can target Mr Sarsour, everyone’s free speech rights are at risk.”

Sarsour describes himself as a stateless Palestinian, according to the order. Immigration and Customs Enforcement (ICE) says that he is a Jordanian citizen. He has lived in the United States for more than three decades, becoming a legal permanent resident in 1998. Immigration officials approved Sarsour’s citizenship application decades ago, though he did not naturalize.

Sarsour has garnered public attention as a champion for Palestinian rights, and serves as a board member of an advocacy group called American Muslims for Palestine.

But Rubio personally signed off on a memo to DHS last year describing Sarsour as deportable despite his green card, because “his actions undermine US foreign policy to combat antisemitism around the world”. The memo, cited in Hanlon’s order, accuses Sarsour’s group of being “found to have been involved in activities providing funds to Hamas”.

A group of plainclothed ICE officers from at least 10 unmarked vehicles swarmed Sarsour on 30 March of this year, arresting him and putting him in deportation proceedings. ICE ultimately detained him in Clay County Jail in Indiana.

Sarsour lost 30lbs while detained, the order says. His lawyers told the court that he was “at constant risk of developing serious complications from diabetes given that the medical staff only checks his blood-sugar levels once a month”. Tightly controlling diabetes typically requires multiple glucose checks daily.

Hanlon’s order says that homeland security officials and Rubio likely trampled on Sarsour’s first amendment right to free speech and appeared to have arrested him in retaliation for his Palestinian rights advocacy.

The order cited a New York Times story and the website for the Heritage Foundation, the conservative thinktank that dreamed up Project 2025,

The Heritage Foundation presented the White House with the idea to present prominent foreign-born Muslims and Palestinian rights leaders as terrorists in order to sue them, deport them or pressure employers to fire them, the order says, citing reporting from the Times and Heritage’s own website. Sarsour was likely among the targets of that campaign, the order says.

The federal government, through its lawyers, contended that Sarsour should be deported based on two convictions from more than three decades ago in Israel – one for throwing a molotov cocktail and the other for attempting to store weapons and ammunition.

Sarsour denies having committed those crimes.

But Hanlon viewed those crimes as a non-issue for justifying his incarceration, noting that the federal government knew about them since the 1990s and approved his legal permanent residency and his citizenship application anyway.

Sarsour’s speech on Palestinian rights “is core political speech and squarely within the scope of the First Amendment”, the order says. “Mr Sarsour has submitted evidence allowing a reasonable inference that his protected speech was ‘at least a motivating factor’ in Respondents’ decision to detain him.”

A spokesperson for homeland security described Sarsour as a “terrorist”, citing the convictions from his youth in Israel.

Government lawyers had argued that Sarsour did not have the same first amendment rights as US citizens. If he were released, they said, he should have to pay a $25,000 bond, wear an ankle monitor, check in routinely with ICE and remain confined to his house.

Instead, Hanlon ordered his release on personal recognizance, meaning that Sarsour does not have to pay a cash bond to compel him to show up in court again. The order, however, requires him to remain in the state of Wisconsin.