A federal court judge has temporarily halted the deportation of more than 100 Iraqi Christians living in the Detroit area who were detained in raids by federal agents. Many of them fear torture and possible death if sent back to Iraq.

US District Judge Mark Goldsmith said in a written order on Thursday that deportation is halted for two weeks as he determines whether the court has jurisdiction.

Judge Goldsmith agreed the Iraqis, many of them Christian, could face persecution in Iraq, and so they should be allowed to stay until the court can make a further ruling.

Attorneys for 114 Iraqi immigrants and the American Civil Liberties Union (ACLU) of Michigan cheered the judge’s decision, according to the Detroit News.

In a statement, Immigration and Customs Enforcement (ICE) said it will comply with the order.

One of the attorney's Clarence Dass told RT lawyers have 14 days to file individual motions for all of their clients and get hearings in the interim.

The vast majority of the people rounded up in raids, Dass explained, left Iraq 20 or 30 years ago and lack fundamental documentation that would make them legitimate residents of Iraq, such as birth certificates and passports.

The ACLU of Michigan had filed a class-action lawsuit on June 15 to halt federal immigration officials from deporting more than 100 Iraqi nationals rounded up by federal agents. The ACLU argued it’s illegal to deport the detainees without giving them an opportunity to prove they could face torture or death if returned to Iraq.

The ACLU also filed a motion asking the court for a restraining order of the people held in custody until it’s determined whether they are entitled to protection.

Judge Goldsmith heard arguments on Wednesday. Goldsmith did not make a final determination on the lawsuit, which was filed against Immigration and Customs Enforcement.

Goldsmith said that "the court is unsure whether it has subject-matter jurisdiction," according to Detroit News.

Dass told RT the court fight is likely to be the first to resolve the issue of jurisdiction as there doesn’t appear be legal precedent.

More than 114 Iraqis, many Chaldean Christians, were arrested by federal immigration officials in raids on June 11 in the Detroit metropolitan area.

The arrests sparked protests in Metro Detroit by supporters who say the Iraqis would face persecution in their homeland since many of them are Christians. Almost 200 Iraqi nationals with criminal records have been arrested recently nationwide by federal immigration agents.

ICE has defended the arrests, saying the Iraqis arrested all had criminal backgrounds and final orders of deportation from an immigration judge.

One of the questions is how deportation will work to a country that is embroiled in war, where towns like Mosul are occupied by Islamic State (IS, formerly ISIS/ISIL).

“The biggest concern here is the vast majority of the Chaldeans, Syrians and Christians come from what is known as ISIS territory. The city of Mosul, which is the largest Christian village in Iraq, was the first raided by ISIS. Their Christian brethren have left these areas,” Dass told RT. “For them to return for sure will be to face discrimination, torture, if not the death penalty when they get there.”

Dass said a lot of these people wear their Christian faith on their bodies in the form of tattoos, with scriptures on their wrists, or crosses on their forearms. 



Dass said he had two clients that contacted him when the Trump administration first announced its immigration policy. That client base has ballooned to 23 since the raids.

Dass said he was surprised the Chaldeans were targeted as a week before Congress had passed a resolution recognizing there was a genocide underway against Chaldeans, the Syrian Christians, and Christians in Iraq.

“Just one week prior our federal government declared religious discrimination against this group,” Dass remarked. “A week later they round up the same group and are attempting to send them back to the same place where genocide is occurring, so it was very ironic.”

Chaldeans are an Iraqi indigenous community and speak Aramaic. The Chaldean Catholic Church is an Eastern Catholic Church and uses the East Syrian rite.

The Chaldean Catholic community in Detroit dates back to the early 20th century. There are about 150,000 Chaldeans in the Detroit area, which is the largest Chaldean diaspora community living outside the Middle East, according to the Chaldean Community Foundation. </s> DETROIT — A judge has temporarily halted the deportation of more than 100 Iraqi Christians living in the Detroit area who fear torture and possible death if sent back to Iraq.

U.S. District Judge Mark Goldsmith Thursday halted their deportation for 14 days while he decides if his court has jurisdiction to hear their plight.

The Justice Department said the detainees must go to immigration court to try to remain in the U.S., not U.S. District Court.

Most of the 114 Iraqis are Chaldean Christians, but some are Shiite Muslims and converts to Christianity. They were arrested about June 11 and the U.S. Immigration and Customs Enforcement said all have criminal convictions.

The American Civil Liberties Union says they fear torture or death in Iraq, which agreed to accept them. </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 (AP) - A federal judge has halted the deportation of 1,400 Iraqi nationals, many of them Christians, while the orders to remove them from the U.S. are reviewed by the courts.

U.S. District Judge Mark Goldsmith issued a 24-page opinion Tuesday asserting jurisdiction in the case over the objection of the Justice Department. He scheduled a Wednesday hearing to discuss matters in the case.

Goldsmith earlier blocked the deportations while he considered whether he had jurisdiction over the case. The Justice Department insists a U.S. District Court judge doesn’t have jurisdiction in the immigration matter.

Many of the Iraqis, including 114 rounded up in the Detroit area last month, fear torture or death if returned to Iraq. The government says they face deportation because they committed crimes in the U.S. </s> A judge on Thursday temporarily halted the deportation of more than 100 Iraqi Christians living in the Detroit area who fear torture and possible death if sent back to Iraq.

U.S. District Judge Mark Goldsmith said in a written order that deportation is halted for 14 days while he decides if his court has jurisdiction to hear their plight.

The Justice Department had argued that the detainees, including many who were recently rounded up after decades in the U.S., must go to immigration court to try to remain in the U.S., not U.S. District Court. But the American Civil Liberties Union said they might be deported before an immigration judge can consider their requests to stay.

Goldsmith heard arguments Wednesday. He said he needs more time to consider complex legal issues.

Potential physical harm "far outweighs any conceivable interest the government might have in the immediate enforcement of the removal orders before this court can clarify whether it has jurisdiction to grant relief to petitioners on the merits of their claims," Goldsmith said.

Most of the 114 Iraqis are Chaldean Christians, but some are Shiite Muslims and converts to Christianity. They were arrested on or about June 11 and the U.S. Immigration and Customs Enforcement said all have criminal convictions.

Iraq recently agreed to accept Iraqi nationals subject to removal from the U.S.

"The court took a life-saving action by blocking our clients from being immediately sent back to Iraq," Lee Gelernt, deputy director of the ACLU's Immigrants' Rights Project, said in a release. "They should have a chance to show that their lives are in jeopardy if forced to return."

Besides the 114 arrested in the Detroit area, 85 other Iraqi nationals were arrested elsewhere in the country, according to ICE. As of April 17, there were 1,444 Iraqi nationals with final orders of removal from the U.S. Eight already have been returned to Iraq.

The detainees include Louis Akrawi, who served more than 20 years in Michigan prisons for second-degree murder. He was accused of arranging a shooting that killed an innocent bystander in 1993.

"He's 69 years old, he has two artificial knees, and he needs surgery on both eyes. Sending him back to Iraq is unfair," his son, Victor Akrawi, told The Detroit News. </s> A federal judge in Michigan on Thursday blocked the deportation of more than 100 Iraqi Christians, according to an American Civil Liberties Union (ACLU) press release.

The ACLU filed for a restraining order, which the judge granted. The 114 Christians, most of whom are from the Chaldean sect, say they risk death if they are forced to return to Iraq.

“The court took a life-saving action by blocking our clients from being immediately sent back to Iraq,” the ACLU said in a statement. “They should have a chance to show that their lives are in jeopardy if forced to return.”

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According to the ACLU, many of the 114 Iraqis have been living in the U.S. for decades. They were arrested in recent Immigration and Customs Enforcement (ICE) raids in the greater Detroit area.

“We are thankful and relieved that our clients will not be immediately be sent to Iraq, where they face grave danger of persecution, torture or death," the ACLU statement continues. "It would be unconstitutional and unconscionable to deport these individuals without giving them an opportunity to demonstrate the harm that awaits them in Iraq."

U.S. District Judge Mark Goldsmith halted the deportation for 14 days while he decides whether his court has jurisdiction to hear the case. ICE says that all of the detainees have criminal convictions. </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 (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> DETROIT — A federal judge Tuesday halted the deportation of 1,400 Iraqi nationals, including many Christians fearing persecution, while courts review the orders to remove them from the U.S.

Judge Mark Goldsmith issued a 24-page opinion asserting jurisdiction in the case over the objection of the Justice Department, which argued U.S. district judges do not have jurisdiction.

"This Court concludes that to enforce the Congressional mandate that district courts lack jurisdiction — despite the compelling context of this case — would expose Petitioners to the substantiated risk of death, torture, or other grave persecution before their legal claims can be tested in a court," Goldsmith wrote in a 24-page opinion.

Goldsmith earlier blocked the deportations while he considered whether he had jurisdiction over the case.

Related: Members of Iraqi Religious Minority Who Supported Trump Detained by ICE

Many of the Iraqis, including 114 rounded up in the Detroit area last month who are mostly Christians, fear attacks over their religion if returned to Iraq. The government says they face deportation because they committed crimes in the U.S.

Goldsmith earlier extended a ruling suspending the deportation of the 114 while he considered jurisdiction to all Iraqi nationals in the U.S.

The U.S. government said 1,400 Iraqis are under deportation orders nationwide, though most are not in custody. Some have been under orders for years because they committed crimes in the U.S. But legal action over deportations took on new urgency because Iraq has agreed to accept them.

The American Civil Liberties Union said a suspension is necessary so Iraqi nationals can go to immigration court and argue that their lives would be in jeopardy if returned to their native country. Without some intervention, the ACLU contends that people could be deported before their case is called.

Goldsmith scheduled a Wednesday hearing to discuss several matters in the case, including a request from the Iraqis for a preliminary injunction barring the deportations.
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.