Federal judge orders release of 100 Iraqi nationals in US custody in Michigan

A Detroit federal judge has ordered the U.S. government to release about 100 Iraqi nationals who are under deportation orders but have been in custody for more than six months.

It's the latest ruling from Judge Mark Goldsmith in a dispute that began in 2017 when the government began rounding up Iraqis living in the U.S. with criminal records. Some have been locked up for more than a year while the American Civil Liberties Union fights on their behalf.

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Goldsmith said Tuesday that "families have been shattered." He says Iraq has told the Trump administration that it only will accept people who are willing to leave the U.S.

The judge says "public interest overwhelmingly favors freedom over mass detention." The immigration agency didn't immediately respond to an email seeking comment.

Attorney Nadine Kalasho said she got chills from reading the order. She and the other attorneys had argued the government had lied and was detaining people indefinitely.

"The government was really giving us false information that they supposedly had processes in place to remove these individuals when they did not," Kalasho said. 

"The judge said I'm not going to allow that, I'm not going to let you keep these people in detention and let them sit and rot based on your assertions that are not true - your lies," attorney Edward Bajoka said.

A number of people had already been released in January but more than 100 more were still detained. Now the rest are going home.

The judge ordered the detained to be released within 30 days, meaning they'll be home in time for Christmas. That doesn't mean they're free - they could still face final orders of removal and will have to take on those orders in immigration court.

"They still have to fight for their cases, at least they get to do so on the comfort of their own homes with their families and the children," Kalasho said. 

"Finally these people are going to be able to get their life back and get back on track," Bajoka said.