The ACLU filed the complaint against Immigration and Customs Enforcement after ICE agents arrested more than 100 Iraqis — including many who’ve been in the U.S. for decades — in recent raids throughout metropolitan Detroit.
On July 24, 2017, a federal court granted the ACLU’s request for a nationwide preliminary injunction; the court stayed the removal of all Iraqi nationals in the U.S. who had final orders of removal on June 24, 2017 and who have been or will be detained by ICE. The injunction gives class members three months to file a motion to reopen in the immigration courts, so that their cases can be decided on an individual basis. The three month period starts when the government provides class members with copies of their immigration files and records that are necessary to properly litigate relief in immigration court. The stay of deportation continues while the individual’s immigration case works its way through the immigration court system, including the appeals process.
The federal court has ordered the government to provide immigration records by November 6, 2017 to class members who have already filed motions to reopen and by November 27, 2017 to those who have not yet filed motions to reopen.
Further resources for Iraqi nationals seeking relief from removal in the immigration courts can be found here.