An update on the Deportation Issue from Chaldean Community Foundation Board Member and Immigration Attorney, Eman Jajonie-Daman.
Yesterday, in a 35-page opinion, Judge Goldsmith granted a preliminary injunction (PI) order against the government from deporting any Iraqi anywhere in the United States. The Judge also ordered that the PI order shall NOT apply to individuals unless you do one of the following:
- Each individual with a final order MUST file a motion to reopen (MTR) his/her case within 90 days after receiving their entire immigration file from the government. The specifics of how and when the government must submit aliens’ files are still under discussion by the ACLU and DHS counsel. We will provide the correct facts once we receive them.
- Each individual must file an appeal to the Board of Immigration Appeals (BIA) if the immigration judge denies the MTR.
- Each individual must file a petition for review (PFR) if the BIA denies the MTR.
- An individual voluntarily wishes not to be included in the preliminary injunction by signing papers to leave the United States and not exercise their right to file MTR.
The Judge ordered the government to turn over each individual’s immigration file as soon as possible. Further, the judge ordered that starting 8/7/2017 and continuing every other Monday thereafter, the government shall report to the ACLU all alien files given, status and decision of each person’s MTR filing, stays, appeals, PFR’s, detention locations, transfers and releases from detention. Finally, the judge will meet with the government and ACLU attorneys on 8/31/2017 to discuss the case further.
What this order means to those who already filed their MTR and stays is that now they do not face the threat of deportation anymore and as long as they continue with the process, appeals, etc. This applies for those who are detained and not detained. However, this order allows for those people with final orders a little more time to retain attorneys to file their MTR. The judge’s PI order will no longer protect those who sit around and do nothing. Finally, the million-dollar question: this PI order DOES NOT address the release nor the transfer of detainees. We are still hopeful that the ACLU will pursue this matter next. The ACLU’s monumental task was to protect all Iraqi’s from deportation and they accomplished that with incredible success.
This PI order DOES not enjoin/stop ICE agents from picking up people with a final order nor does it stop them from detaining people during the process.