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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Monday, June 26, 2017

Federal judge in Detroit to consider whether to halt deportation of Iraqis from across the country

Los Angeles Times 
By Melissa Etehad
June 26, 2017

A federal judge in Detroit will consider Monday whether to put a temporary hold on the deportation of scores of Iraqi nationals swept up in immigration enforcement raids around the country in recent months.

U.S. District Judge Mark Goldsmith on Thursday issued a 14-day stay of removal for more than 114 Iraqis — most of them Chaldean Christians — detained in Detroit on or around June 11, saying he needed time to weigh whether he has jurisdiction over the case.

Lawyers with the American Civil Liberties Union and other immigrant rights groups are now asking Goldsmith to extend his order nationwide to prevent Immigration and Customs Enforcement from deporting people they say could face persecution, torture or death in Iraq.

“It’s never been U.S. policy to send people back where they could be persecuted,” said Nadine Yousif Kalasho, an attorney from Code Legal Aid, a Michigan-based nonprofit.

More than 1,400 Iraqi immigrants, some of whom have lived in the United States for decades and have spouses or children who are citizens, have been issued final orders of removal, according to the ACLU.

In many cases, those orders were issued years ago, either for overstaying a visa or because of a criminal conviction, the lawsuit says. But Iraq refused to accept them, so the government eventually released them, often under supervision orders.

The roundups began after an agreement was reached with Iraq in March to take back its nationals, said Khaalid Walls, a spokesman for the ICE field office in Detroit. In addition to those immigrants detained in Detroit in June, at least 85 others have been taken into custody around the country since May, he said.

They include Ghassan Kassab, who was picked up in Detroit in late May.

Kassab was 5 years old when his family fled Saddam Hussein’s brutal government in Iraq. He has lived most of his life — 47 years — in the U.S. But he now faces the threat of being sent back to a country where he has no ties — and where his family fears his Christian faith could get him killed.

“He does not know how to read Arabic, and he does not remember anything from that country,” said Kassab’s niece, Marvit Bahoura, 38. “It’s like they are throwing him to his death sentence.”

Because Kassab’s parents didn’t speak English, she said, the family never applied for U.S. citizenship. They found the process too confusing. So when Kassab was convicted on a marijuana possession charge more than a decade ago, he was issued a deportation order.

Bahoura said her uncle served three years in prison and had been reporting regularly to ICE ever since.

“He’s worked at the same landscape company for 23 years,” she said. “He’s a hardworking man.”

Detroit is home to more than 100,000 Chaldean Christians, one of the largest populations outside of Iraq. Many fled their war-torn homeland decades ago and fear persecution by extremist groups such as Islamic State if they return.

They thought they had found a haven in the U.S., but with the threat of deportation looming over families, many find themselves questioning their place in a country which no longer seems so welcoming.

“The Iraqi Chaldean community is shocked and don’t understand why this is happening,” said Wisam Naoum, an attorney and Chaldean community leader in Detroit. “We feel a bit betrayed. It’s a direct assault on our community.”

Many of the city’s Iraqi Christians were staunch supporters of President Trump, who in January tweeted, “Christians in the Middle East have been executed in large numbers. We cannot allow this horror to continue!”

“My entire family voted for him because he said he would help protect Christians,” Bahoura said.

But the threat of her uncle’s deportation has her fearful not only for his safety, but for her own health. She suffers from a debilitating autoimmune disorder and received a bone marrow transplant from her uncle this year.

“There’s a 70% chance that if my body rejects the bone marrow, I’ll need another one,” Bahoura said. “But if they deport Kassab, there’s a slim chance I’ll be able to find another match.”

Many of those detained in Detroit were picked up the weekend of June 11, in raids that targeted churches and restaurants favored by the Iraqi Chaldean community, according to immigrant rights advocates. Others were picked up at their homes or at one of their regular appointments with ICE.

Rebecca Adducci, the Detroit field office director for ICE’s Enforcement and Removal Operations, said the agency targeted those with criminal convictions.

“The operation in this region was specifically conducted to address the very real public safety threat represented by the criminal aliens arrested,” she said in a statement. “The vast majority of those arrested in the Detroit metropolitan area have very serious felony convictions, multiple felony convictions in many cases.”

The Department of Justice argues that the detainees should make their request to remain in the U.S. in immigration court, not U.S. district court. But the ACLU says they might be deported before an immigration judge can consider their requests.

At least eight detainees have already been sent back to Iraq, and the ACLU says others could be deported as soon as Tuesday.

In a written ruling Thursday, Goldsmith agreed that the possible harm to the detainees in Detroit “far outweighs any conceivable interest the government might have in the immediate enforcement of the removal orders.”

It was early on the morning of June 11 that six ICE agents showed up at the door of Brittany Hamama, 20. They were there for her father, Usama Hamama, who she said left Iraq as a child.

“They said he’ll be back tomorrow,” she recalled, “but I didn’t believe them.”

The threat of deportation has loomed over the family since he was convicted of aggravated assault in a road-rage incident. But that that was 30 years ago, his daughter said.

“My dad’s roots are in the U.S., he knows nothing else,” she said. “This doesn’t seem real.”

For more information, go to:  www.beverlyhillsimmigrationlaw.com

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