A US federal judge on Tuesday halted the deportation of 1,400 Iraqi nationals while courts review the orders to remove them from the country.
Judge Mark Goldsmith issued a 24-page opinion asserting jurisdiction in the case over the objection of the Justice Department, which argued US 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.
Many of the Iraqis, including 114 detained 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 US
Goldsmith earlier extended a ruling suspending the deportation of the 114 while he considered jurisdiction to all Iraqi nationals in the US
The US 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 US. 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.