Sarsour Released, Khalil Still Fighting: Federal Courts Keep Rejecting the Rubio Memo as Sufficient Deportation Grounds

Since courts first began scrutinizing the administration's deportation memos earlier this year, the evidentiary picture has only gotten worse for the government. Salah Sarsour walked out of Clay County Jail in Indiana on Thursday after U.S. District Judge James Patrick Hanlon ordered his release, finding that immigration officials probably detained him in retaliation for his public advocacy on Palestinian rights — not because he posed a genuine threat. Similar rulings have followed in other cases.

What the Newly Unsealed Documents Actually Show

On Thursday, hundreds of pages of DHS and State Department internal records were made public, following litigation by The Intercept, the Boston Globe, and other news outlets. The Lemkin Institute for Genocide Prevention reported the contents in detail.

The documents cover five cases: Mahmoud Khalil, Rümeysa Öztürk, Badar Khan Suri, Mohsen Mahdawi, and Yunseo Chung. All five were targeted under Section 237(a)(4)(c) of the Immigration and Nationality Act, which allows the Secretary of State to designate a non-citizen's presence as contrary to U.S. foreign policy interests.

A March 8 DHS memo states plainly: "DHS has not identified any alternative grounds of removability that would be applicable to Chung and Khalil, including the ground of removability for aliens who have provided material support to a foreign terrorist organization or terrorist activity."

The memo also notes that officials were aware of the legal risk: "We are not aware of any prior exercises of the Secretary's removal authority in [INA] section 237(a)(4)(c), and given their [lawful permanent resident] status, Chung and Khalil are likely to challenge their removal under this authority, and courts may scrutinize the basis for these determinations."

The following day, March 9, Rubio posted on X: "We will be revoking the visas and/or green cards of Hamas supporters in America so they can be deported." That post came after his own department's memo acknowledged no material support for terrorism had been found.

The Khalil Case: Still Unresolved

Khalil was arrested March 8 at the entrance of his apartment building while returning home with his wife. He holds a green card and is married to a U.S. citizen. ICE detained him and revoked his permanent residency, according to his attorney Amy Greer, as reported by Anadolu Agency.

The government's court filing in the Khalil case consisted of a two-page Rubio-signed memo arguing that Khalil's presence undermines "U.S. policy to combat antisemitism around the world" and threatens efforts to "protect Jewish students from harassment and violence." His lead immigration attorney, Marc Van Der Hout, said at a virtual press conference that the memo contains "not a single shred of proof" that Khalil poses a threat. Attorney Johnny Sinodis said the government "has no case whatsoever."

The five students won their underlying case, according to the Lemkin Institute. Khalil's legal fight, however, continues, and the newly unsealed documents are now part of an active evidentiary record.

The Sarsour Detention: Numbers That Matter

Sarsour, president of the Islamic Society of Milwaukee, was surrounded by officers from at least 10 unmarked vehicles on March 30 and placed in deportation proceedings. He lost 30 pounds while detained, according to Hanlon's order reported by The Guardian. His lawyers told the court he was "at constant risk of developing serious complications from diabetes" because medical staff checked his blood sugar only once a month.

Rubio personally signed the memo targeting Sarsour, describing him as deportable because "his actions undermine US foreign policy to combat antisemitism around the world." The memo also accused his organization, American Muslims for Palestine, of being "found to have been involved in activities providing funds to Hamas" — a claim Judge Hanlon clearly did not find sufficient to justify continued detention.

Sarsour has lived in the United States for more than 30 years and has been a legal permanent resident since 1998. ICE claims he is a Jordanian citizen; Sarsour describes himself as stateless Palestinian.

The Strongest Case for the Administration's Position

The administration's argument is not frivolous on its face. The INA does grant the Secretary of State authority to designate non-citizens as removable on foreign policy grounds, and that authority has rarely been litigated precisely because it has rarely been used. The government's position is that advocacy for Palestinian rights, when conducted by someone affiliated with organizations the administration links to Hamas, crosses from protected speech into harmful foreign policy interference. Rubio's memos consistently assert a connection between groups like American Muslims for Palestine and Hamas financing. If true and supported by classified intelligence, such a connection would change the legal calculus significantly.

The classified support has not materialized in court. The unsealed documents show DHS's own lawyers acknowledged they had NOT found material support for terrorism. Judges are ruling on what the government actually presented, and what it presented is thin.

What Happens Next

The unsealed documents are now public evidence. Khalil's case remains in litigation. The Intercept and other outlets successfully litigated to unseal the records, meaning the evidentiary gap between Rubio's public statements and his department's internal findings is now a matter of court record — not allegation. Whether any of the five targeted individuals pursue claims for damages, or whether Congress moves to probe the use of the foreign policy deportation authority against legal permanent residents, are the two questions left genuinely open as of June 20, 2026.