Thread: Judge puts hold on deportation of 114 Michigan Iraqis arrested by ICE

Judge puts hold on deportation of 114 Michigan Iraqis arrested by ICE

Updated on June 22, 2017 at 7:51 PM Posted on June 22, 2017 at 7:10 PM

BY BEN SOLIS

DETROIT - A federal judge has ordered a temporary stay on the deportation of 114 Iraqi nationals arrested by Immigration and Customs Enforcement agents earlier this month.

The order was issued Thursday by U.S. District Judge Mark A. Goldsmith in Detroit.


Iraqi immigrants facing deportation would bear 'bull's-eye' if sent back, lawyers argue

A federal judge will make a decision on whether to stop Immigration and Customs Enforcement from deporting dozens of immigrants in Metro Detroit.

Most of the detainees are part of the religious minority in Iraq that has long been targeted by extremist groups.

Goldsmith issued a two-week stay, noting that he was "unsure whether (the court) ... has the subject matter jurisdiction" to permanently prevent the deportations.

The Iraqi nationals, many of them from Metro Detroit's Chaldean community, were arrested on the weekend of June 9 in an ICE sweep.

The American Civil Liberties Union filed a class-action lawsuit seeking to halt the execution of deportation orders against the detainees, including many who have been living in the U.S. for decades.


ACLU files lawsuit to halt deportations of 114 Iraqis arrested in ICE sweep

The American Civil Liberties Union filed a class-action lawsuit Thursday seeking to halt the deportation of dozens of Iraqi immigrants arrested by federal agents in Metro Detroit over the weekend.

Attorneys for the U.S. government argued that the court does not have jurisdiction to hear the petitioner's complaint, and that they're fate should be determined by the immigration court.


Man set to be deported to Iraq doesn't even speak Arabic, family says

His family is terrified for the "hardworking family man," but Hadeer Siba is also no angel.


Deal with Iraq to take back immigrants with convictions led to ICE sweep

Immigration officers on Sunday detained an unknown number of Iraqi citizens who were living in the U.S. illegally and plan to deport them to their native country, according to a statement from Immigration and Customs Enforcement.

Nearly all the detainees have past criminal records and were issued deportation orders, according to ICE, but were allowed to remain in the U.S. because of the dangers they could face if sent to Iraq, particularly among members of the Christian Chaldean sect.

The Iraqi government, in a deal with the U.S. reached in March, agreed to begin taking back those immigrants with deportation orders, leading to the wave of arrests, according to ICE.
Goldsmith wrote in the opinion issued Thursday evening that ICE did not "address the merits" of the deportees' due process claims or other factors the court might find valid to deny a stay.

Instead, ICE used sections of the REAL ID Act to argue against the stay.
The law argues that "no court shall have jurisdiction to hear any cause or claim by or on behalf of any alien arising from the decision or action ... to commence proceedings, adjudicate cases, or execute removal orders against any alien."

The Iraqis' lawyers argued the Act violates the Constitution's Suspension Clause, and that ICE were denying the detainees the right to habeas corpus.
The REAL ID Act states that only the Court of Appeals has jurisdiction over orders of removal.


ICE arrested 114 Iraqis in Metro Detroit over the weekend

As of April 17, there were 1,444 Iraqi nationals in the U.S. who were given final removal orders.

Goldsmith also wrote previous court decisions do not detail a clear solution, either. At least one court issued a stay order in the context of immigration.

As for the Iraqis' plight, Goldsmith said the harm they might face in a hostile country like Iraq required a halt to the deportations until he or another judge can rule on the matter.

"Irreparable harm is made out by the significant chance of loss of life and lesser forms of persecution that Petitioners have sustained," Goldsmith wrote.

"Such harm far outweighs any conceivable interest the Government migh have in the immediate enforcement of the removal orders before this court can clarify whether it has jurisdiction to grant relief.

"The public interest is also better served by an orderly court process that assures (the detainees') invocation of federal court relief is considered before the removal process continues."

Michael Steinberg, legal director of the ACLU of Michigan said they are thankful the deportations have been put on hold, for now.

"We are relieved that our clients will not be immediately be sent to Iraq, where they face grave danger of persecution, torture or death, Steinberg said.

"It would be unconstitutional and unconscionable to deport these individuals without giving them an opportunity to demonstrate the harm that awaits them in Iraq."

http://www.mlive.com/news/detroit/in...portation.html

ICE Arrests Dozens For Deportation During Immigration Sweeps In Metro Detroit