US Judge Stops Deportation of Over 1,400 Iraqis

A federal judge in Michigan on Monday indefinitely stopped the deportation of more than 1,400 Iraqis from the United States, the latest legal victory for the immigrant rights movement.

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U.S. District Judge Mark Goldsmith granted a preliminary injunction request made by attorneys for the Iraqi nationals, who argued they would face persecution in Iraq.

“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.

Under his decision, the Iraqis can stay in the United States while they try to persuade immigration courts to overturn the deportations. The ruling effectively means that no Iraqi nationals can be deported from the United States for several months.

There are 1,444 Iraqi nationals who have final deportation orders against them in the United States, with roughly 230 of them in custody. 

On June 11, U.S. Immigration and Customs Enforcement, ICE, agents swept across metro Detroit, arresting 114 Iraqi nationals with criminal records ranging from homicide to drug charges. ICE said the Iraqis "pose safety threats" and that they already had final orders of deportation by immigration judges. 

"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.

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"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," he added. 

It was not immediately known whether the U.S. government would appeal, but it has repeatedly told Goldsmith that he is "exceeding his authority in immigration matters." 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.

In March, Iraq and the United States reached an agreement to accept U.S. deportees as part of a deal that removed the country from Trump's revised temporary travel ban on people from six Muslim-majority countries.