Protesters rally outside the federal court just before a hearing to consider a class-action lawsuit filed on behalf of Iraqi nationals facing deportation on June 21, 2017 in Detroit. File

Rebecca Cook / Reuters file</s>CLOSE 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

Jeremiah Suleiman, of Sterling Heights holds a sign among dozens during a rally to stop the deportation of Iraqi-American immigrants outside Patrick V. McNamara Federal building on Friday, June 16, 2017 in Detroit. An ACLU lawsuit seeks to block the possible deportation of 1,400 Iraqi nationals around the country. (Photo: Elaine Cromie , Detroit Free Press)

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.

Related:

Judge extends stay for Iraqi immigrants

Families of Iraqis detained by ICE worry about future

Iraqi-American Christians feel betrayed by Trump

On June 11, ICE agents swept across metro Detroit, arresting 114 Iraqi nationals with criminal records. ICE has said the Iragis pose safety threats and already had final orders of deportation by immigration judges. The roundup came after Iraq and the U.S. reached an agreement this year in March for the Iraqi nationals to be removed to Iraq.

Families and attorneys say that the Iraqis, many of them Christian, would face persecution in Iraq because they belong to a religious minority targeted by extremists.

Some of the Iraqis have lived in the U.S. most of their lives and say they will be unable to live in Iraq.

The ACLU Michigan, Michigan Immigrant Rights Center, and Code Legal Aid filed a lawsuit challenging the arrests, saying the Iraqis would face persecution in Iraq.

The arrests of the Iraqi immigrants drew several protests in metro Detroit by Iraqi-Americans. Many Iraqi-American Christians had voted for Donald Trump and were upset over the arrests.

Rebecca Adducci, field office director for ICE Enforcement and Removal Operations (ERO) Detroit, said in a statement last month: "The operation in this region was specifically conducted to address the very real public safety threat represented by the criminal aliens arrested. The vast majority of those arrested in the Detroit metropolitan area have very serious felony convictions, multiple felony convictions in many cases."

Contact Niraj Warikoo: nwarikoo@freepress.com or 313-223-4792. Follow him on Twitter @nwarikoo.

Read or Share this story: http://on.freep.com/2v1bATv</s>DETROIT (Reuters) - A federal judge in Michigan halted on Monday the deportation of more than 1,400 Iraqi nationals from the United States, the latest legal victory for the Iraqi nationals facing deportation in a closely watched case.

FILE PHOTO: Protesters rally outside the federal court just before a hearing to consider a class-action lawsuit filed on behalf of Iraqi nationals facing deportation, in Detroit, Michigan, U.S., June 21, 2017. REUTERS/Rebecca Cook/File Photo

U.S. District Judge Mark Goldsmith granted a preliminary injunction requested by American Civil Liberties Union lawyers, who argued the immigrants would face persecution in Iraq because they are considered ethnic and religious minorities there.

Goldsmith said the injunction provides detainees time to challenge their removal in federal courts. He said many of them faced “a feverish search for legal assistance” after their deportation orders were unexpectedly resurrected by the U.S. government after several years.

Goldsmith wrote, in his 34-page opinion and order, the extra time assures “that those who might be subjected to grave harm and possible death are not cast out of this country before having their day in court.”

The decision effectively means no Iraqi nationals can be deported from the United States for several months.

It was not immediately known whether the U.S. government would appeal. A representative for the U.S. Attorney’s Office in Detroit was not immediately available for comment.

There are 1,444 Iraqi nationals who have final deportation orders against them in the U.S., although only about 199 of them were detained in June as part of a nationwide sweep by immigration authorities.

The ACLU sued on June 15 to halt the deportations, arguing the Iraqis could face persecution, torture, or death because many were Chaldean Catholics, Sunni Muslims, or Iraqi Kurds and that the groups were recognized as targets of ill-treatment in Iraq.

Those arrested by immigration authorities had outstanding deportation orders and many had been convicted of serious crimes, ranging from homicide to weapons and drug charges, the U.S. government said.

Goldsmith sided with the ACLU, expanding on June 26 an earlier stay which only protected 114 detainees from the Detroit area to the broader class of more than 1,400 Iraqi nationals nationwide. Goldsmith’s Monday decision came hours before that injunction was set to expire.

The ACLU argued many Iraqi detainees have had difficulty obtaining critical government documents needed to file deportation order appeals, and also that the government has transferred many detainees to facilities in different parts of the country, separating them from their lawyers and families.

Under Goldsmith’s ruling, immigration authorities must provide the ACLU with bi-weekly reports about each Iraqi that include where they are detained.

On Friday, a federal prosecutor told Goldsmith his injunction was not necessary because many of the detainees were appealing final deportation orders through immigration court.

The roundup of Iraqis in the Detroit area followed Iraq’s agreement to accept deportees as part of a deal that removed the country from Trump’s revised temporary travel ban on people from six Muslim-majority countries.

Some of those affected came to the United States as children and committed their crimes decades ago but were allowed to stay because Iraq previously declined to issue travel documents for them.

That changed after the two governments came to the agreement in March.</s>DETROIT, July 24 (Reuters) - A federal judge in Michigan on Monday halted the deportation of more than 1,400 Iraqi nationals from the United States, the latest legal victory for the Iraqi nationals facing deportation.

U.S. District Judge Mark Goldsmith granted a preliminary injunction requested by lawyers from the American Civil Liberties Union, who argued the immigrants would face persecution in Iraq because they are considered ethnic and religious minorities there. (Reporting by Steve Friess in Detroit; Editing by Eric M. Johnson and Bill Trott)</s>US judge halts deportation of more than 1,400 Iraqi nationals

Protesters rally outside the federal court just before a hearing to consider a class-action lawsuit filed on behalf of Iraqi nationals facing deportation, in Detroit, Michigan, June 21, 2017. — Reuters pic DETROIT, July 25 — A federal judge in Michigan yesterday halted the deportation of more than 1,400 Iraqi nationals from the United States, the latest legal victory for the Iraqi nationals facing deportation in a closely watched case.

US District Judge Mark Goldsmith granted a preliminary injunction requested by lawyers from the American Civil Liberties Union, who argued the immigrants would face persecution in Iraq because they are considered ethnic and religious minorities there.

Goldsmith said the injunction provides detainees time to challenge their removal in federal courts. He said many of them faced “a feverish search for legal assistance” after their deportation orders were unexpectedly resurrected by the US government after several years.

Goldsmith said the extra time assures “that those who might be subjected to grave harm and possible death are not cast out of this country before having their day in court,” Goldsmith wrote in his 34-page opinion and order.

The decision effectively means no Iraqi nationals can be deported from the United States for several months.

It was not immediately known whether Goldsmith’s ruling would be appealed by the US government. A representative for the US Attorney’s Office in Detroit did not immediately respond to a request for comment.

There are 1,444 Iraqi nationals who have final deportation orders against them in the United States, although only about 199 of them were detained in June as part of a nationwide sweep by immigration authorities.

The ACLU sued on June 15 to halt the deportations of the detainees. They argued the Iraqis could face persecution, torture, or death because many were Chaldean Catholics, Sunni Muslims, or Iraqi Kurds and that the groups were recognized as targets of ill-treatment in Iraq.

Those arrested by immigration authorities had outstanding deportation orders and many had been convicted of serious crimes, ranging from homicide to weapons and drug charges, according to the US government.

Some of those affected came to the United States as children and committed their crimes decades ago, but they had been allowed to stay because Iraq previously declined to issue them travel documents, the ACLU said.

Goldsmith sided with the ACLU, expanding on June 26 an earlier stay which only protected 114 detainees from the Detroit area to the broader class of more than 1,400 Iraqi nationals nationwide.

Goldsmith’s yesterday decision came hours before that injunction was set to expire. — Reuters</s>DETROIT (REUTERS) - A federal judge in Michigan on Monday (July 24) halted the deportation of more than 1,400 Iraqi nationals detained during immigration sweeps across the United States last month, the latest legal victory for the detainees in a closely watched case.

US District Judge Mark Goldsmith granted a preliminary injunction requested by lawyers from the American Civil Liberties Union, who argued the immigrants would face persecution in Iraq because they are considered ethnic and religious minorities there.

Goldsmith said the injunction provides detainees time to challenge their removal in federal courts.

He said many of them faced "a feverish search for legal assistance" after their deportation orders were unexpectedly resurrected by the U.S. government after several years.

Goldsmith said the extra time assures "that those who might be subjected to grave harm and possible death are not cast out of this country before having their day in court," Goldsmith wrote in his 34-page opinion and order.</s>Family members of detainees line up to enter the federal court just before a hearing to consider a class-action lawsuit filed on behalf of Iraqi nationals facing deportation, in Detroit, Michigan, U.S., June 21, 2017.

DETROIT (Reuters) - A federal judge in Michigan on Monday halted the deportation of more than 1,400 Iraqi nationals detained during immigration sweeps across the United States last month, the latest legal victory for the detainees in a closely watched case.

U.S. District Judge Mark Goldsmith granted a preliminary injunction requested by lawyers from the American Civil Liberties Union, who argued the immigrants would face persecution in Iraq because they are considered ethnic and religious minorities there.

Goldsmith said the injunction provides detainees time to challenge their removal in federal courts. He said many of them faced "a feverish search for legal assistance" after their deportation orders were unexpectedly resurrected by the U.S. government after several years.

Goldsmith said the extra time assures "that those who might be subjected to grave harm and possible death are not cast out of this country before having their day in court," Goldsmith wrote in his 34-page opinion and order.</s>A federal judge in Michigan halted on Monday the deportation of more than 1,400 Iraqi nationals from the United States, the latest legal victory for the Iraqi nationals facing deportation in a closely watched case.

US District Judge Mark Goldsmith granted a preliminary injunction requested by lawyers from the American Civil Liberties Union, who argued the immigrants would face persecution in Iraq because they are considered ethnic and religious minorities there.

Goldsmith said the injunction provides detainees time to challenge their removal in federal courts. He said many of them faced "a feverish search for legal assistance" after their deportation orders were unexpectedly resurrected by the US government after several years.

Goldsmith wrote, in his 34-page opinion and order, that the extra time assures "that those who might be subjected to grave harm and possible death are not cast out of this country before having their day in court,"

The decision effectively means no Iraqi nationals can be deported from the United States for several months.

It was not immediately known whether Goldsmith's ruling would be appealed by the US government. A representative for the US Attorney's Office in Detroit did not immediately respond to a request for comment.

There are 1,444 Iraqi nationals who have final deportation orders against them in the United States, although only about 199 of them were detained in June as part of a nationwide sweep by immigration authorities.

The ACLU sued on June 15 to halt the deportations of the detainees. They argued the Iraqis could face persecution, torture, or death because many were Chaldean Catholics, Sunni Muslims, or Iraqi Kurds and that the groups were recognized as targets of ill-treatment in Iraq.

Those arrested by immigration authorities had outstanding deportation orders and many had been convicted of serious crimes, ranging from homicide to weapons and drug charges, the US government said.

Goldsmith sided with the ACLU, expanding on June 26 an earlier stay which only protected 114 detainees from the Detroit area to the broader class of more than 1,400 Iraqi nationals nationwide. Goldsmith's Monday decision came hours before that injunction was set to expire.

The ACLU argued many Iraqi detainees have had difficulty obtaining critical government documents needed to file deportation order appeals, and also that the government has transferred many detainees to facilities in different parts of the country, separating them from their lawyers and families.

"The judge is giving them a realistic and meaningful opportunity to make their cases," ACLU attorney Miriam Aukerman said after the decision.

The roundup of Iraqis in the Detroit area followed Iraq's agreement to accept deportees as part of a deal that removed the country from Trump's revised temporary travel ban on people from six Muslim-majority countries.

Some of those affected came to the United States as children and committed their crimes decades ago, but they had been allowed to stay because Iraq previously declined to issue travel documents for them.

That changed after the two governments came to the agreement in March.</s>Worthy Christian News » U.S. Headlines » U.S. judge halts deportation of more than 1,400 Iraqi nationals

U.S. judge halts deportation of more than 1,400 Iraqi nationals

Immigration officials knowingly released dozens of murderers back into the U.S. in 2013, according to Obama administration statistics detailing all of the criminal convictions of the more than 36,000 immigrants released from custody last year.

(Worthy News) - A federal judge in Michigan halted on Monday the deportation of more than 1,400 Iraqi nationals from the United States, the latest legal victory for the Iraqi nationals facing deportation in a closely watched case.

U.S. District Judge Mark Goldsmith granted a preliminary injunction requested by American Civil Liberties Union lawyers, who argued the immigrants would face persecution in Iraq because they are considered ethnic and religious minorities there.

Goldsmith said the injunction provides detainees time to challenge their removal in federal courts. He said many of them faced "a feverish search for legal assistance" after their deportation orders were unexpectedly resurrected by the U.S. government after several years. [ Source:Reuters (Read More...) ]

Fair Use Notice:This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.</s>A federal judge in Michigan blocked the deportation of more than 1,400 Iraqi nationals on Monday, giving the immigrants time to make their cases in court before the government can attempt to deport them.

U.S. District Judge Mark Goldsmith entered a preliminary injunction that would give the immigrants at least three more months to argue their cases before the Board of Immigration Appeals, and the courts, before the government can attempt to send them back to Iraq.

In his ruling on Monday, Goldsmith said the potential deportees, many whom are Chaldean Christian, would face "grave harm and possible death" in Iraq because they are considered minorities there.

The Iraqis were targeted for deportation because they had overstayed their visas or committed crimes -- typically misdemeanors, according to advocates.

Many of those targeted entered in the U.S. as children and more than of them half had been in the country for more than a decade because Iraq had refused to take them back, according to the ruling.

Earlier this year, the Trump administration said it would remove Iraq from its updated travel ban and the country agreed to start accepting deportees from the U.S. after refusing to do so for many years.

In June, 234 Iraqi nationals were arrested and detained on removal orders that were, in most cases, dormant for between five and 10 years.

Those detained -- most of them from Detroit, which has a large Chaldean Christian population, have been scattered around the country in different federal detention facilities with limited access to legal advocates and their families, the court said.

Goldsmith determined that returning them “to the lawlessness and senseless religious hatred that engulfs much of Iraq would subject them to persecution, torture, and possible death,” according to the ruling.

"In these singular circumstances, a federal district court is armed with jurisdiction to act as a first responder,” Goldsmith wrote, adding that the court can assure “that those who might be subjected to grave harm and possible death are not cast out of this country before having their day in court.”

The American Civil Liberties Union, which had previously obtained a temporary order that blocked the Iraqis’ deportation, said the ruling could save lives. The previous order was set to expire at midnight Tuesday, according to the ACLU.

"This ruling continues to block the government from recklessly sending these individuals into harm’s way,” Judy Rabinovitz, deputy director of the ACLU’s Immigrants’ Rights Project said in a statement Monday. “The court’s action could literally save lives.”

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, according to The Associated Press.

“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,” the Justice Department's William Silvis said in a court filing last week.
U.S. District Judge for the Eastern District of Michigan, Mark A. Goldsmith, halts for 90 days the mass deportation from the United States of more than 1,400 Iraqi nationals, including Chaldean Christians, to allow the plaintiffs time to appeal their cases. The American Civil Liberties Union petitioned for the injunction stating these people would face persecution in Iraq where they are considered ethnic and religious minorities.