Judge issues preliminary injunction against deportation of hundreds of Iraqis

Posted at 7:19 PM, Jul 24, 2017
and last updated 2017-07-25 07:47:01-04

A federal judge in Detroit has issued preliminary injunction that will keep hundreds of Iraqis who are in the process of being deported in the country.

Judge Mark Goldsmith's ruling came just hours before a temporary stay was set to expire. That was set for 11:59 p.m. Monday.

Goldsmith ruled that by not allowing the Iraqis more time to seek legal help to stay in the country, the government is violating their right to habeas corpus.

Goldsmith wrote, "As this Court explained in its earlier opinion on jurisdiction, and as it will explain again below, the Government’s view is inconsistent with the Constitution’s command that the writ of habeas corpus — the fundamental guarantor of liberty — must not be suspended, except in the rare case of foreign invasion or domestic rebellion."

The ruling gives those to which the injunction applies 90 days to get legal help. It also requires those who are facing deportation to take the necessary steps, finding that if they do not, they will be subject to deportation despite the injunction.

The Iraqis are arguing that they should be allowed to stay in the US because they face death, if they are deported to their home country.