Attorneys for Iraqi immigrants detained by ICE file emergency motions to stop deportation

Niraj Warikoo | Detroit Free Press

Show Caption Hide Caption Daughter of Iraqi immigrant detained A daughter of an Iraqi immigrant detained recalls when ICE agents showed up at her home in Sterling Heights on June 11 to arrest him.

Attorneys for Iraqi immigrants in metro Detroit detained by federal immigration agents filed emergency motions today requesting they be allowed to stay in the U.S.

Fearing they might be deported, families of Iraqi immigrants arrested Sunday by agents with Immigration and Customs Enforcement (ICE) are requesting that they not be deported to Iraq. Attorneys say some of their clients have been told by officials to have their families pack luggage for them.

Federal agents conducted one of the biggest sweeps in Michigan of Iraqi nationals in memory, arresting immigrants with criminal records and transporting them to Youngstown, Ohio. The move prompted protests by Iraqi Americans who say the immigrants have lived much of their lives in the U.S. and face a hostile future in Iraq, especially those who are Christian. ICE says the Iraqi nationals detained on Sunday had previously been ordered by a judge to be removed.

Clarence Dass, a Southfield attorney who is representing 15 Iraqis who have been detained, told the Free Press he filed emergency motions for a stay with the immigration court in Detroit. Dass said he is arguing there are "changed circumstances in Iraq" that would put them at risk.

"They can't got back to a war zone," Dass said.

For the case to move forward, a judge would have to grant a hearing, and then a panel of judges would consider the emergency motion, Dass said.

One of his clients is Haydar Butris, 38, of Sterling Heights. who has three children and suffers from heart problems. Butris also is Christian and his family worries he would be persecuted in Iraq, where Christians are a minority.

More: Families of Iraqi immigrants detained by ICE wonder if they'll see loved ones again

Dass said that some of his clients pled guilty to crimes, not realizing they could one day be deported back to Iraq. The administration of President Donald Trump has toughened enforcement of immigration laws, saying that legal immigrants convicted of felonies can be deported.

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Warren attorney and Southfield district court magistrate Eman Jajonie-Daman, who is representing 32 of the Iraqis detained, also filed emergency motions today for some of them.

"They're being denied due process," Jajonie-Daman said.

Jajonie-Daman attended a meeting today at the Chaldean Community Foundation with other immigration attorneys, ACLU Michigan, Iraqi-American Christian leaders, and some elected officials. They discussed the possibility of legal actions asking the federal government to halt any possible deportations.

The group also discussed sending a letter to Homeland Security Secretary John Kelly asking for help, said Martin Manna, president of the Chaldean Community Foundation.

A spokesman for the Michigan office of ICE, Khaalid Walls, said Tuesday: "We will decline comment on the pending litigation. The department will review the letter upon receipt and determine an appropriate response."

Regarding when the Iraqi detainees might be removed, Walls said it doesn't confirm such arrangements ahead of time for security reasons.

Walls said Monday: "As a result of recent negotiations between the U.S. and Iraq, Iraq has recently agreed to accept a number of Iraqi nationals subject to orders of removal. As part of ICE's efforts to process the backlog of these individuals, the agency recently arrested a number of Iraqi nationals, all of whom had criminal convictions for crimes including homicide, rape, aggravated assault, kidnapping, burglary, drug trafficking, robbery, sex assault, weapons violations and other offenses."

Chaldeans, who are Iraqi Catholics, have held rallies in support of the Iraqi immigrants in Detroit outside ICE offices, Southfield, and Sterling Heights. They are considering holding another rally in downtown Detroit outside federal offices, Manna said.

Attorneys estimate that between 90 to more than 300 Iraqis in metro Detroit were detained. ICE did not say how many they arrested.

Chaldeans have organized a legal committee to provide help to families of Iraqi detainees, said Sterling Heights attorney Wisam Naoum.

Naoum said some of the Iraqis detained "don't have access to lawyers" and may be confused about legal forms they may be asked to sign.

Contact Niraj Warikoo: nwarikoo@freepress.com or 313-223-4792. Follow him on Twitter @nwarikoo