Judge halts deportation of Iraqis detained by ICE 7/24/17

Judge halts deportation of Iraqis detained by ICE

Niraj Warikoo, Detroit Free Press
Published 8:03 p.m. ET July 24, 2017 | Updated 9:15 p.m. ET July 24, 2017

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Protest against deportation of Chaldean and Iraqi nationals outside federal court during hearing of the case, Wednesday, June 21, 2017 in downtown Detroit. Junfu Han, Detroit Free Press

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(Photo: Elaine Cromie, Elaine Cromie , Detroit Free Pre)

A Detroit judge has blocked the potential deportation of Iraqi immigrants with criminal records who were arrested by federal immigration agents in June.

On Monday, U.S. District Judge Mark Goldsmith granted a preliminary injunction request made by attorneys for the Iraqi nationals who had asked him to halt their deportation, saying they would be persecuted in Iraq.

In his decision, Goldsmith wrote that the case involved "extraordinary circumstances," noting that the Iraqis suddenly faced deportation after years of many of their cases being "dormant."

More: Iraqis detained by ICE ask Gov. Snyder for pardons

Goldsmith said the constitutional rights of the Iraqis were being violated, writing that "the writ of habeas corpus — the fundamental guarantor of liberty — must not be suspended, unless in the rare case of foreign invasion or domestic rebellion."

Attorneys for the Iraqis cheered Goldsmith's decision.

"This is the biggest relief we have received during this crisis, and it is exactly what we have been hoping for — a halt to the deportations and an opportunity to be heard," said Clarence Dass, an attorney who represents about 25 of the 114 Iraqis arrested by U.S. Immigration and Customs Enforcement (ICE) last month in Michigan.

Dass said the injunction will last 90 days.

"For people who have been learning their fate every two weeks, 90 days is a lifetime," Dass said. "All we are asking is for a chance to show that deportation of these particular individuals is a death sentence, and the judge's decision today allows us to do that. Once we show those facts and circumstances, I am hopeful we will be able to save their lives."

A spokesman for ICE said the agency declined to comment on the ruling. ICE has said previously that the Iraqis detained have criminal records, pose safety threats, and have already had their cases heard in courts. The crimes they were convicted of range from marijuana possession to homicide.

The ruling allows attorneys for the Iraqis time to make their appeals in immigration courts, county criminal courts, and through the governor's office.

More: Judge: Federal district court has jurisdiction in Iraqi immigrants case

Goldsmith said that the government made legal representation of the immigrants difficult because many of them have been moved around from state to state to different immigration centers.

Goldsmith said there were "transfers ... separating them from their lawyers and the families and communities who can assist in those legal efforts."

In addition to the 114 arrested in Michigan, the judge's order applies to 85 other Iraqis arrested outside the state. In total, there are 1,444 Iraqi nationals in the U.S. with final orders of deportation who could be affected by the judge's ruling.

http://www.freep.com/story/news/2017...ice/505321001/

ICE Arrests Dozens For Deportation During Immigration Sweeps In Metro Detroit

6/11/17

July 24, 2017, 11:57 PM
Federal judge indefinitely stops deportation of 1,400-plus Iraqi immigrants

DETROIT -- A federal judge on Monday indefinitely stopped the deportation of more than 1,400 Iraqis who fear physical harm if kicked out of the U.S., the latest in a series of decisions in favor of the immigrants.

The injunction by U.S. District Judge Mark Goldsmith in Detroit will allow the Iraqis, many of whom are Christian, to stay in the U.S. while they try to persuade immigration courts to overturn the deportations based on risks back in their native country. The 34-page order was released Monday just hours before an earlier ruling was set to expire.

Roughly 230 people are in custody. The remaining 1,200 are not locked up but could be arrested at any time.

• Iraqi Christian community that supported Trump angry over threats of deportation
  

"Each petitioner faces the risk of torture or death on the basis of residence in America and publicized criminal records.

Many will also face persecution as a result of a particular religious affiliation," the judge said.

"While cost and efficiency in administering the immigration system are not illegitimate governmental concerns, such interests pale to the point of evaporation when weighed against the potential lethal harm petitioners may suffer," Goldsmith wrote.

There was no immediate response by the U.S. Justice Department, although lawyers at earlier court hearings signaled that an appeal was likely if Goldsmith granted an injunction. The judge first suspended deportations in June.

"This court and petitioners rely primarily on conditions in ISIS-controlled territory to establish harm. But no alien would be removed to that part of Iraq," William Silvis of the Justice Department said in a court filing last week.

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Iraqi Christian community that supported Trump angry over threats of deportation


The government has repeatedly told Goldsmith that he is exceeding his authority in immigration matters. Thomas Homan, acting director of Immigration and Customs Enforcement, said the "vast majority" of Iraqis in the case have criminal records and are a threat to the public.

Attorney Nadine Yousif Kalasho -- who is co-counsel in the case on behalf of those detained -- calls the ruling a "step in the right direction," CBS Detroit reports.

"A few weeks ago we didn't know whether people were going to be sent back to Iraq the day after they were picked up and we were very unclear on what would happen to them and now we've bought them some time," Yousif Kalasho told CBS Detroit shortly after the ruling. "I'm very happy about that.

This is a good step in the right direction."

"Ultimately what we want is more time for our people to be heard and have access to their due process that the Constitution requires so I'm very happy about it and I hope that we can get a more positive ruling later on," Yousif Kalasho added.

http://www.cbsnews.com/news/iraqi-ch...ldsmith-order/