Politics

Update: Detroit Federal Judge Grants Request to Halt Iraqi Deportations Nationwide

June 26, 2017, 9:20 PM by  Allan Lengel

Update, 9:10 p.m. Monday: A federal judge in Detroit on Monday night granted a request to expand his order temporarily blocking deportation of  Iraqi detainees in Michigan to include Iraqis detained elsewhere in the U.S.

In a seven-page ruling, U.S. District Judge Mark Goldsmith writes:

"The same grave consequences face the expanded class, which establishes irreparable harm. Such harm far outweighs any interest the Government may have in proceeding with the removals immediately."

Goldsmith last week granted a 14-day temporary restraining order blocking the deportation of more than 100 Iraqis in Metro Detroit while he determined if the court had jurisdiction in the case.

In a hearing Monday morning, American Civil Liberties Union argued that about 85 other Iraqis around the nation, who have also been detained for deportation, should be afforded the same protection. 

The U.S. Attorney's Office in Detroit argued against that, in part, saying the judge did not have the authority to extend the restraining order beyond the Michigan-Ohio area. The Iraqi detainees all have criminal records, some more serious than others.

The American Civil Liberties Union had argued that the locally detained Iraqis, as well as others around the nation, deserve the opportunity to argue before the immigration court that their lives would be in danger if they were deported to Iraq. 

Some detainees had been expected to be deported as early as Tuesday. 

“In its rush to deport as many immigrants as possible, ICE is putting hundreds of individuals who have lived in this country for decades in grave danger of being persecuted or killed,” said Michael J. Steinberg, legal director of the ACLU of Michigan in a statement. “For many families across the United States, this ruling is like a stay in a death penalty case.”

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Update, 12:15 p.m. Monday: The American Civil Liberties Union argued in court Monday that a federal judge's order temporarily blocking the deportation of Iraqis detained by ICE in Michigan should also apply to about 85 other Iraqis who have been detained around the country. 

Margo Schlanger, a University of Michigan law professor, who argued on behalf of the ACLU, told U.S. District Judge Mark Goldsmith that it only made sense that he expand his 14-day order to block the immediate deportation of other Iraqis around the nation in places like Nashville and California. The judge's current order protects more than 100 Iraqis in Michigan who were detained earlier this month for deportation.

All of the Iraqis have criminal records and have gone through the system's due process. But up until now they weren't deported because Iraq had refused to accept them back. The Trump administration has now agreed to remove Iraq from its travel ban policy in exchange that Iraq accept these immigrants. 

The ACLU argues that the detainees have the right to argue before the Immigration court that they would be subject to torture, and possibly murder if they return home. 

Assistant U.S. Attorney Jennifer Newby asserted that the judge lacks jurisdiction to reach beyond the Michigan area. She also accused the ACLU of "forum shopping," meaning it had turned to judge Goldsmith for a nationwide order because it thought he's very likely to rule in its favor. 

Schlanger argued that Detroit seemed to make the most sense to seek the nationwide order since the Immigration and Customs Enforcement agency has been moving the detainees around every few days.  Some detainees were convicted long ago of charges involving things like marijuana. Conversely, some were convicted of far more serious charges.

Some might have a better chance than others of staying in the country if they argue before the immigration court. 

The judge will issue a written opinion. He didn't say how quickly, but it's likely to be very soon considering some Iraqis around the country might be deported any day.

Original article, Monday morning:

U.S. District Judge Mark Goldsmith of Detroit conducts an emergency hearing Monday morning to consider a  request to expand his recent 14-day halt on deportations of Detroit-area Iraqi immigrants into a nationwide halt.

Goldsmith's order now applies to 114 Iraqi nationals -- many of whom are Chaldeans -- arrested in Metro Detroit over the June 11 weekend. The Immigration and Customs Enforcement agency says that the people all have criminal records and have been given due process in the system.

Opponents filed a motion Saturday requesting an emergency hearing after discovering that 85 other Iraqis had been arrested in other areas for immediate deportation.

The American Civil Liberties Union and other lawyers argue that the immigrants will be harshly treated, and possibly even killed if they return to Iraq. They say they are entitled to a hearing to address that issue. 



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