Hundreds of Iraqi refugees currently detained by the U.S. federal government could be released as early as next month. A federal judge ruled Tuesday that U.S. Immigration and Customs Enforcement has until Feb. 2 to show “clear and convincing evidence” that Iraqi refugees being detained are a public safety or flight risk. U.S. Federal District Court Judge Mark Goldsmith wrote that while immigration proceedings are pending, “the aliens who were arrested have now languished in detention facilities — many for over six months — deprived of the intimacy of their families, the fellowship of their communities, and the economic opportunity to provide for themselves and their loved ones.”
The mass detentions go back to a travel ban implemented by President Donald Trump’s administration last year. While Iraq was one of the countries included in the ban, the U.S. government agreed to exclude Iraq from the ban in exchange for the Middle Eastern country allowing political and religious refugees back in the country when they are deported.
Attorney General Hector Balderas filed a brief opposing the revised travel ban on travel from six Muslim majority countries earlier this week. Balderas previously supported a lawsuit by the state of Washington opposing the previous travel ban. That lawsuit succeeded and federal courts halted the program. Despite a Twitter declaration by President Donald Trump, the administration did not appeal that decision to the U.S. Supreme Court. The recent brief supported a lawsuit filed in U.S. District Court by the state of Hawaii.
Most of New Mexico’s congressional delegation still oppose President Donald Trump’s latest attempt to ban travelers from several Muslim-majority countries. Trump signed the revised executive order Monday, but it is not intended to go into effect until March 16. The previous ban, which went into effect when Trump signed it on Jan. 27, caused travel chaos for those from the seven impacted countries, and a federal court halted it within days. Despite a bold proclamation on Twitter by Trump, the administration did not appeal that decision to the U.S. Supreme Court.