Introduction
A Detroit judge gave the approval to a settlement deal in a 2017 case that was all about fighting the jailing of Iraqi people who were being taken out of the country because of Trump’s policies. This settlement deal with Immigrations and Customs Enforcement, also called ICE, lays out tough rules for holding people up for deportation later on.
The background to the lawsuit
ICE started arresting Iraqi people in the spring of 2017 and planned to send them back to Iraq right away. Most had been in the US for a long time but were told they had to leave because of immigration issues or past crimes. But since the Iraqi government wouldn’t give out travel papers for those who might be deported, they couldn’t send them back.
Out of the about 1,400 people who were first affected, 52 have been sent back, some on their own, officials said. Many have been given asylum or legal status, and some have become US citizens. A lot of people got the help they needed, and many are still looking for immigration relief.
In certain instances, the individual in question faced significant criminal charges, yet in numerous instances, the allegations were of a non-violent nature or were considered minor, and the individual had completed their sentence without any subsequent criminal activities.
About the lawsuit and the settlement deal
This lawsuit was filed by the American Civil Liberties Union (ACLU) on behalf of about 1,400 Iraqi people who were picked out to be sent back to Iraq by US Immigration and Customs Enforcement in 2017, during President Donald Trump’s time in office. Around 350 to 400 people ended up in jail.
Judge Mark Goldsmith approved the deal that sets out specific rules for how different groups of people who were dealt with by ICE should be treated, and lets people who were told to leave the US have their immigration court hearing without being held in jail.
The judge called the deal a fair and reasonable way to wrap up the legal battle. It was described as balancing what is best for these Iraqi class and the public.
The story of Hamama
Usama “Sam” Hamama was locked up for nine months in a federal jail seven years back, not knowing if he would be sent back to Iraq and never get to see his wife and four kids again. His fear was that Iraq isn’t a place for an American or someone who has been to America, because he believes they are not friendly to people like him. They see people like him as criminals or someone trying to mess with their government.”
Hamama, who got to the US in 1966, not only got out of jail but also became a US citizen in 2020 and still lives in West Bloomfield Township. His four kids are all grown up now, either going to college or starting their careers. Hamama talked about his case on Wednesday, July 31, in the US District Court in Detroit during the settlement hearing for a big lawsuit against the government by the ACLU of Michigan. Hamama said he fully supports the outcome of the lawsuit, as it is going to help a ton of people and families.
The negotiation and legal efforts
The legal team of ACLU engaged in lengthy negotiations with US attorneys throughout the duration of the case. The case saw over 700 legal proceedings initiated. A government lawyer informed the judge that the agreement required approval from the “top echelons” of the Department of Justice.
Aukerman expressed her gratitude to “hundreds” of attorneys involved in the case, including her own lawyer Kimberly Scott, who was able to take on the case on a pro bono basis. Many of the other attorneys also volunteered their services for free. Moreover, several attorneys, including some on a pro bono basis, represented Iraqi individuals in their immigration matters.
David Grant was designated as the case’s “special master” to manage its execution, including the conduct of hearings and the issuance of decisions. Aukerman described representing Sam and his family, along with other Iraqi nationals, as the greatest honor of her career due to the significant impact the case had. The hearing was also attended by Hamama’s family, a small group of Iraqis, and several law school interns.
The goal of the lawsuit
Miriam Aukerman, the main lawyer for the ACLU in the case, said the goal of the lawsuit was to protect people from being held in jail while their immigration cases were sorted out. The ACLU got orders in 2018 that said people should be checked individually at their bond hearings and could only be held for up to six months. Many Iraqi people here, especially Chaldeans who are Christians, would have been killed or hurt if they were deported to Iraq.
If ICE wants to send them back, they don’t just leave them in jail. If they are fighting their immigration cases, they can do that from home with their families. What the lawsuit did was give people the chance to have their cases looked at by an immigration judge, to see what is best for them.
Having a fair trial is really important to the American justice system. It is a key part of the American justice system. People should get their day in court. It also means Iraqis with old deportation orders won’t be arrested and held in jail just because they want to fix their immigration status.
ACLU officials think this deal will be a good example for other similar cases across the country. It is definitely hope the same fair principles will be used in other cases.
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