Lawsuit Prevents Mass Deportation
ACLU is victorious in requesting reviews
By N. Peter Antone
Several weeks ago, the accumulation of over 7 years of legal battles concluded, preventing the mass deportation of about 1,400 Chaldeans. The settlement of a lawsuit challenging these deportations will positively impact over one thousand Chaldean families, almost all of which have built their lives on American soil. Despite the significance of this settlement—a major victory for these families and the field of U.S. immigration law—it has not received significant attention. This major success and the efforts of those behind it merit recognition.
In 2017, under the Trump administration, the U.S. government initiated efforts to begin the mass deportation of approximately 1,400 Chaldeans. Many of these individuals were brought to this country as children; the majority neither understand Arabic nor have any relatives in Iraq, and, for all practical purposes, would feel and be treated as complete outsiders if sent back to Iraq. While some had committed crimes in the past, many of these Chaldeans were facing deportation en masse due to technical, petty immigration violations some decades ago, infractions under which our government would be allowed to revoke their green cards and deport them after they complete their sentences.
However, through various administrations, the U.S. government has recognized the critical dangers these Chaldeans would face if sent back to Iraq, due to sectarian violence and acute instability. The Iraqi government has even refused to accept these deportees back into the country, further complicating the situation. Because of this, administrations prior to Trump’s instituted a temporary hold on any deportations. Instead of deportation, some Chaldeans faced extended jail sentences, awaiting an improvement of the circumstances in Iraq. Others were released from prison, on condition that they report to immigration services regularly until it was safe to be deported.
By 2017, the Trump administration determined that the conditions in Iraq had improved enough to begin the deportation proceedings of these Chaldeans. Following that decision, many were suddenly arrested and scheduled to be deported. In the face of this abrupt development, the American Civil Liberties Union (ACLU) immediately filed a lawsuit to stop such mass deportation. The ACLU argued that the deportations would cause harm, torture or even death to many of these individuals, and that instead of deportation en masse, each immigrant should be entitled to an individual hearing to determine if they qualify for relief. In addition, the ACLU contended that each case must be individually assessed to determine if detention is warranted or if bail or bond is appropriate.
This recent settlement of the ACLU’s lawsuit is a clear victory—each Chaldean’s case is to be reviewed individually to determine whether there are any options available that could preclude deportation. Thanks to the efforts of the ACLU and its exceptional attorney Miriam Aukerman, private law firms such as Miller Canfield, non-profits such as the Chaldean Community Foundation, Code Legal Aid, Michigan Immigrant Rights Center, International Refugee Assistance Project, and the work of individual legal scholars such as Professor Margo Schlanger, these afflicted Chaldeans and their family members could be spared the anguish of deportation, separation, and the inevitable hardships, discrimination, and even death that would ensue if deported to Iraq.
Some observers who are not familiar with these details might ask the following question: why allow those who committed violations to stay in this country? After all, that is the logic used by many in our government, a system which intimidates the public into believing that the more deportations of violators, the safer we are. But upon close examination, the reality is vastly different.
It goes without saying that our country’s immigration law is very uncompromising; the same offenses that would not even warrant a U.S. citizen to spend a day in jail could, if committed by an immigrant, lead to their deportation. As an example, some of these immigrants under the settlement were charged with possession of marijuana, a crime which was illegal many decades ago. Imagine the injustice if someone were to be deported and separated from their families because of an act that is no longer considered a crime!
In this case, many of those affected had committed offenses decades earlier, some non-violent, and most have already paid the price to society in fines or jail time. Brought to this country as children, most of these Chaldeans are Americans in all but name. Unfortunately, under our immigration system, once an immigrant is considered a criminal, they will always be a criminal, with no allowance for expungements, first offense consideration, nor for any state remedy. Deportation of those Chaldeans would have devastated many families, most of whom are U.S. citizens.
To be sure, the ACLU settlement does not grant automatic clemency to all these immigrants; it only requires individual assessments of each case to determine if bond is appropriate instead of detention, and ultimately, to determine if each of those charged should be permitted to relief. By now, many of these Chaldeans have received asylum determination or their green cards back, and some have already become U.S. citizens.
Congratulations to the ACLU for this successful settlement with the U.S. government. The work of the ACLU, led by attorney Miriam Aukerman and others, has saved the livelihoods and dignity of hundreds of Chaldean families faced with the loss of family members to deportation.