Showing posts with label Iraq. Show all posts
Showing posts with label Iraq. Show all posts

Tuesday, March 09, 2021

President Biden Praises Papal Visit To Iraq

Yesterday, President Biden issued a Statement (full text) on Pope Francis' just-completed visit to Iraq, saying in part:

I congratulate the Government and people of Iraq for the care and planning that went into organizing this monumental visit, and continue to admire Pope Francis for his commitment to promoting religious tolerance, the common bonds of our humanity, and interfaith understanding.

Friday, July 03, 2020

Supreme Court Denies Review To Deported Iraqi Christians, Yezidis, Kurds

The U.S. Supreme Court yesterday denied review in Hamama v. Adducci,  (Docket No. 19-294, cert denied 7/2/2020). (Order List). According to the petition for certiorari:
Petitioners are Iraqis with final orders of removal who lived for years or decades in the United States under orders of supervision...  Petitioners and others similarly situated were suddenly detained and threatened with immediate removal, without the opportunity to challenge their removal in immigration court. Petitioners, who include Christians, Yezidis, Kurds, and other religious and ethnic minorities in Iraq, faced likely torture and death in Iraq. After their final orders of removal were issued, country conditions in Iraq had changed drastically, such that Petitioners had strong claims for deportation protection under, inter alia, the Convention Against Torture. In order to assert those claims, Petitioners needed to move to reopen their final orders in the appropriate immigration court.... Petitioners requested a temporary stay of removal so they could access the immigration court system. The district court granted the stay, giving Petitioners 90 days after receipt of the necessary immigration court files to file motions to reopen in immigration court. The court of appeals reversed, holding that 8 U.S.C. § 1252(g) divested the district court of jurisdiction and that the elimination of jurisdiction was consistent with the Suspension Clause. 

Tuesday, December 04, 2018

Congress Passes Bill Aimed At Prosecuting Iraq and Syria Genocide

Last week, Congress gave final passage to HR 390, the Iraq and Syria Genocide Relief and Accountability Act (full text). The bill now awaits President Trump's signature. The Act provides in part:
Sec. 4... It is the policy of the United States to ensure that assistance for humanitarian, stabilization, and recovery needs of individuals who are or were nationals and residents of Iraq or Syria ... is directed toward those ... with the greatest need, including those ... from communities of religious and ethnic minorities ... that .... have been identified as being at risk of persecution, forced migration, genocide, crimes against humanity, or war crimes.
Sec.5.... The Secretary of State and [USAID] ... are authorized to provide assistance ... to support the efforts of entities, including nongovernmental organizations with expertise in international criminal investigations and law, to address genocide, crimes against humanity, or war crimes ... by ISIS in Iraq....
Sec. 7... Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees that includes—... (2) an assessment of— (A) the feasibility and advisability of prosecuting ISIS members for whom credible  evidence exists of having committed genocide, crimes against humanity, or war crimes in Iraq, including in domestic courts in Iraq, hybrid courts, and internationalized domestic courts; and (B) the measures needed— (i) to ensure effective criminal investigations of such individuals....
[Thanks to Blog from the Capital for the lead.]

Wednesday, November 21, 2018

Court Orders Release of Iraqi Chaldean Detainees

A Michigan federal district court yesterday, in the latest installment in a case filed last year, ordered the release from federal detention of hundreds of Iraqi deportees who have been issued final removal orders, but whom the government has been unable to repatriate. Most of the detainees, according to the court, "are Chaldean Christians who would face persecution, torture, and possibly death if returned to Iraq." In Hamama v. Adducci, (ED MI, Nov. 20, 2018), the court said in part:
The law is clear that the Federal Government cannot indefinitely detain foreign nationals while it seeks to repatriate them, when there is no significant likelihood of repatriation in the reasonably foreseeable future. This principle emanates from our Constitution’s core value of rejecting arbitrary restraints on individual liberty.
The issue the Court now resolves is whether there is such a likelihood of repatriation for scores of Iraqi nationals whom the Government has detained for an extended period—many for well over a year—while it engages in a diplomatic dialogue with Iraq that has yet to produce any clear agreement on repatriation. In fact, the weight of the evidence actually uncovered during discovery shows that Iraq will not take back individuals who will not voluntarily agree to return. This means that the Iraqi detainees could remain locked up indefinitely—many in local jails.... [T]he Government has acted ignobly in this case, by failing to comply with court orders, submitting demonstrably false declarations of Government officials, and otherwise violating its litigation obligations—all of which impels this Court to impose sanctions.
As explained fully below, the Court will grant a preliminary injunction, as requested by Petitioners in this case, ordering that those detained more than six months be released under orders of supervision.
ACLU issued a press release announcing the decision.

Thursday, June 21, 2018

Judge Orders ICE To Stop Pressuring Iraqi Religious Minorities To Agree To Deportation

Last year, in exchange for Iraq being removed from President Trump's travel ban Executive Order, Iraq agreed to take back its nationals who are subject to deportation orders in the U.S.  Many of these are Chaldean Christians and members of other minority religious groups in Iraq who say they fear persecution or torture if they are returned. (See prior related posting.)  As reported by Bloomberg, a Michigan federal district court yesterday issued an order preventing ICE agents from pressuring these Iraqis to agree that they wish to be returned.  Iraq will take them back only if they sign such an agreement. Yesterday's Order (full text) in Hamama v. Adducci, (ED MI, June 20, 2018), also requires posting of notices in detention facilities holding these Iraqis informing them that they will not be penalized if they refuse to state they wish to be removed from the U.S.

Monday, June 11, 2018

Vice President Concerned About Aid To Iraqi Christians and Yazidis

Vice President Mike Pence issued a statement (full text) on Friday on promised U.S. aid to Iraq's Christian and Yazidi communities, saying in part:
To save what remains of these ancient and proud peoples, President Trump directed the United States government to stop using slow, ineffective and wasteful United Nations programs and to instead distribute assistance through USAID.... 
While progress has been made to help these beleaguered people, there is more to do to fulfill the commitments made to them and not to mention – our own consciences.
The Vice President will not tolerate bureaucratic delays in implementing the Administration’s vision to deliver the assistance we promised to the people we pledged to help.
The Vice President directed USAID Administrator Mark Green to travel to Iraq in the coming weeks to report back with an immediate comprehensive assessment...

Thursday, April 26, 2018

6th Circuit Hears Oral Arguments In Challenge To Deportation of Iraqi Chaldeans

Yesterday, the U.S. 6th Circuit Court of Appeals hear oral arguments (audio of full arguments) in Hamama v. Adducci. In the case, a Michigan federal district court issued a preliminary injunction preventing Iraqi nationals (many of whom are Chaldean Christians) subject to long-standing deportation orders from being removed from the United States while they attempt to convince immigration courts that their return will subject them to persecution, torture and possible death.  Subsequently the court also ordered bond hearings for those detained 6 months or longer. The appeals largely raise issues of whether federal district courts have jurisdiction to grant relief here, or whether plaintiffs should have pursued the matter through administrative immigration courts.  AP reports on the 6th Circuit oral arguments

Wednesday, January 03, 2018

Bond Hearings Ordered For Detained Iraqi Immigrants

As previously reported, in July a Michigan federal district court issued a preliminary injunction preventing Iraqi nationals who are subject to long-standing deportation orders from being removed from the United States while they attempt to convince immigration courts that their return will subject them to persecution, torture and possible death.  Those affected are mostly Chaldean Christians, but some are Kurds and Sunni and Shiite Muslims.  Nevertheless, immigration officials began to arrest and detain some 300 of these Iraqis. 274 remain in custody.  Yesterday in  Hamama v. Adducci, (ED MI, Jan. 2, 2018), the same judge ordered bond hearings for those who have been detained for 6 months or more. Summarizing its more detailed holding, the court said:
Our legal tradition rejects warehousing human beings while their legal rights are being determined, without an opportunity to persuade a judge that the norm of monitored freedom should be followed.  This principle is familiar to all in the context of the criminal law, where even a heinous criminal — whether a citizen or not — enjoys the right to seek pre-trial release.  In the civil context of our case, this principle applies with at least equal force.  In either context, the principle illustrates our Nation’s historic commitment to individual human dignity — a core value that the Constitution protects by preserving liberty through the due process of law.
The court also granted in part plaintiffs' motions for nationwide class certification.  Detroit News reports on the decision.

Tuesday, December 19, 2017

USCIRF Issues New Report On Iraq

With the defeat ISIS in Iraq, last week the U.S. Commission on International Religious Freedom issued a Policy Update on Iraq (full text). The Report's recommendations included the following:
Iraq’s progress and stability hinge on full respect for the rule of law and compliance with international human rights standards, including freedom of religion or belief. USCIRF continues to advocate for a peaceful home for all of Iraq’s citizens, particularly its religious minority communities that are at risk of extinction in their ancestral homeland. 
USCIRF urges the U.S. government to:
  •  Designate Islamic State of Iraq and Syria (ISIS) as an “entity of particular concern” under the International Religious Freedom Act, as amended by the Frank R. Wolf International Religious Freedom Act of 2016;
  • Encourage both the government of Iraq and the Kurdistan Regional Government (KRG) to cease conflict, protect the rights of all Iraqis, and resolve land disputes....

Monday, September 11, 2017

U.S. Plans To Return Retrieved Jewish Archive To Iraq

According to a JTA report last week, an Iraqi Jewish Archive found by U.S. troops in the basement of the Iraqi secret services headquarters in Baghdad 14 years ago, will be returned to Iraq next year. According to JTA:
The archive was brought to America in 2003 after being salvaged by U.S. troops. It contains tens of thousands of items including books, religious texts, photographs and personal documents. Under an agreement with the government of Iraq, the archive was to be sent back there, but in 2014 the Iraqi ambassador to the U.S. said its stay had been extended. He did not say when the archive was to return....
In the U.S., the artifacts were restored, digitalized and exhibited under the auspices of the National Archives in Washington, D.C.
Jewish legislators and some Jewish groups are pressing the State Department to negotiate a new agreement to keep the collection in the United States or at some other location where it is available to Iraqi Jews-- all but a handful of whom have now left Iraq. [Thanks to Steven H. Sholk for the lead.]

Tuesday, July 25, 2017

Injunction Extended To Protect Iraqi Nationals From Immediate Deportation

In Hamama v. Adducci, (ED MI, July 24, 2017), a Michigan federal district court, in a 35-page opinion, issued a new preliminary injunction-- extending the one issued earlier this month-- preventing some 1444 Iraqi nationals with deportation orders from being removed while they attempt to convince immigration courts that their return will subject them to persecution, torture and possible death.  The Iraqis involved are Chaldean Christians, Kurds, and Sunni and Shiite Muslims.  The court said in part:
... all Petitioners will be targeted for torture or death based solely on their association with America.... Further, the perpetrators will not be limited to just ISIS, whose fortunes and influence may wax and wane with time. The record demonstrates that other Sunni groups, Shi’a militias backed by Iran, as well as Iraq’s own internal security forces, harbor  prejudice towards those affiliated with America, which will manifest itself in the form of torture and extrajudicial killings.... All Petitioners are also at risk due to the media coverage of their criminal records.... And it appears that most Petitioners are religious minorities who will face persecution at the hands of ISIS, other sectarian militias, or Iraq’s own forces.
Detroit Free Press reports on the decision.

Thursday, July 13, 2017

Court Bars Removal of Iraqi Christians and Shiites Until They Get Judicial Hearing

In Hamama v. Adducci, (ED MI, July 11, 2017), a Michigan federal district court issued an injunction barring the enforcement of removal orders against 1,444 Iraqis-- mostly Chaldean, but also other Christians and Shiite Muslims-- until they are given a judicial hearing on their claims that they are entitled to relief from removal because of their status as persecuted religious minorities in Iraq. The injunction extends a temporary suspension of their removal granted by the court last month. (See prior posting.)

While a federal statute-- 8 USC Sec. 1252(g)-- removes federal district court jurisdiction to hear any claim on behalf of an alien arising from action by the Attorney General to execute a removal order against the alien, the court held that enforcing that provision here would be an unconstitutional suspension of the right to habeas corpus. The court said in part:
The mechanism provided by the REAL ID Act for judicial review of removal orders — filing motions to reopen proceedings in immigration courts and subsequent review in the courts of appeals — does not take into account the compelling confluence of grave, real-world circumstances present in our case. This makes relegation to the immigration courts, without a stay from this court in place, an alternative that is neither adequate nor effective.
Without a stay in place, deportations will begin immediately, which may mean a death sentence for some deportees.... Beginning in August 2014, ISIS began carrying out large-scale killings.... Religious minorities were particularly vulnerable to these atrocities, with Christians being given the horrific choice to “pay a protection tax, convert to Islam, or be killed.”... 
While death is certainly the most egregious outcome deportees face, other persecution would also compromise their ability to pursue their removal challenges from foreign shores.... ISIS routinely commits arbitrary executions, torture, and sexual enslavement against religious minorities and those affiliated with the United States....
Detroit Free Press reports on the decision.

Friday, June 23, 2017

Court Temporarily Halts Deportation of 100 Iraqi Chaldeans and Minority Muslims

A Michigan federal district court yesterday issued a 14-day stay of the immediate deportation of over 100 Iraqi nationals who were arrested in immigration raids earlier this month.  Many of those arrested were Chaldeans. (See prior posting.)  In Hamama v. Adducci, (ED MI, June 22, 2017), the court described the claims raised:
Petitioners state that because of their having resided in the United States and their status as religious minorities – many are Christian, others are members of oppressed Muslim sects – they are likely to be persecuted, tortured, or killed by members of the Islamic State in Iraq and Syria, the de facto government in many parts of Iraq. 
The government argues that the district court lacks jurisdiction because of the provisions in 8 USC 1252(g).  The court concluded however:
In light of these complex jurisdictional issues, and the speed with which the Government is moving to remove Petitioners, it is necessary to stay Petitioners’ removal pending the Court’s determination regarding its jurisdiction. 
The ACLU issued a press release announcing the court's decision.

UPDATE: In a June 26 opinion, the court expanded its order to cove all Iraqi nationals in the United States subject to final orders of removal, and extended the temporary order to July 10.

Sunday, June 18, 2017

ICE Roundup of Chaldean Christians Leads To Lawsuit

Last week ACLU of Michigan sued to stop the deportation of 114 Iraqi nationals, many of whom are Chaldean Christians, who were arrested in immigration raids in metropolitan Detroit. Some of the Iraqis arrested were Shiite Muslims and converts to Christianity, while raids in other states arrested Kurdish and Yezidi Iraqis. According to the complaint (full text) in Hamama v. Adducci, (ED MI, filed 6/15/2017):
U.S. law prohibits the removal of individuals to countries where they would face a likelihood of persecution or torture. Yet despite the clear danger that many of these individuals face in Iraq, ICE is attempting to deport them based on outstanding removal orders that do not take account of intervening changed circumstances which should entitle them to protection. For example, many of the Petitioners are Chaldean Christians, who are widely recognized as targets of brutal persecution in Iraq.... Nonetheless, Chaldeans whose order of removal was entered years ago are now facing removal to Iraq as if nothing has changed, and without any inquiry into the dangers they would currently face.
ACLU in a press release  announcing the filing of the lawsuit says:
The arrests come in the wake of a recent deal between Iraq and the US that removes Iraq from the list of Muslim-majority nations whose citizens could be prohibited from coming to the US under an Executive Order signed by President Donald Trump. In exchange for removal from that list, Iraq has agreed to accept Iraqi nationals sent back to the country by US immigration officials, a sudden reversal of a long-standing policy against repatriation.
As reported yesterday by the Washington Post, evangelist Franklin Graham last week urged the President to look further into the issue in light of Trump's promise earlier this year that he would give priority to persecuted Christians.

Friday, February 27, 2015

ISIS Destroys Ancient Museum and Library Collections In Iraq To Purge Non-Islamic Content

According to a report yesterday from the Daily Mail, in the northern Iraqi city of Mosul ISIS followers have wreaked widespread destruction at museums and libraries to rid them of all non-Islamic content.  Video recently posted on a Twitter account used by ISIS shows extremists using sledge hammers and power drills to destroy priceless ancient statues at the Nineveh Museum, including a winged-bull Assyrian protective deity from the 9th century BCE. On the video, one of the men involved says these were destroyed because they promote idolatry:
The Prophet ordered us to get rid of statues and relics, and his companions did the same when they conquered countries after him.
Meanwhile, it was also disclosed this week that terrorists have blown up the Mosul Public Library, with its collection of Iraqi newspapers for the past century and maps and books from the Ottoman Empire. This comes a month after terrorists loaded 2000 secular books from the library on trucks to be burned because the books supposedly promote infidelity and call for disobeying Allah. There has also been destruction at the archives of a Sunni Muslim library, the libraries of the Latin Church and Monastery of the Dominican Fathers and the Mosul Museum Library. ISIS has threatened the death penalty for anyone who tries to hide books or manuscrpts to save them from destruction-- a tactic that saved many items in the aftermath of the U.S.-led invasion of Iraq in 2003.

Sunday, November 16, 2014

In Iraq, Excessive Official Holidays Lead To Educational and Governmental Concerns

Al Monitor reports today that in Iraq, educational achievement and productivity in government, sevices and contruction sectors are being adversely affected by the excessive number of officially recognized religious and ethnic holidays. The political system leads to governmenmt recognition of the holidays of each of the many religious and ethnic group in the country.  Iraq recognizes 150 official vacation days under a law passed by Parliament last year.

Wednesday, August 13, 2014

Vatican Calls On Muslims and Others To Condemn ISIS

Vatican Radio reports that the Pontifical Council for Interreligious Dialogue yesterday issued a statement strongly condemning the atrocities comitted in Iraq by ISIS. The full text of the statement is included in the Vatican Radio report. It reads in part:
The whole world has witnessed with incredulity what is now called the "Restoration of the Caliphate," which had been abolished on October 29,1923 by Kamal Ataturk, founder of modern Turkey. Opposition to this "restoration" by the majority of religious institutions and Muslim politicians has not prevented the "Islamic State" jihadists from committing and continuing to commit unspeakable criminal acts....
The dramatic plight of Christians, Yezidis and other religious communities and ethnic minorities in Iraq requires a clear and courageous stance on the part of religious leaders, especially Muslims, as well as those engaged in interreligious dialogue and all people of good will. All must be unanimous in condemning unequivocally these crimes and in denouncing the use of religion to justify them. If not, what credibility will religions, their followers and their leaders have? 

Sunday, July 27, 2014

ISIS On Campaign To Destroy Religious Shrines In Iraq Hits Tomb of Jonah

The Wall Street Journal reported Friday on announced plans of the insurgent group Islamic State to destroy religious shrines and graves in Iraq.  Conservative Sunni doctrine prohibits the veneration of shrines or burial sites. Carrying out its goal, on Thursday in Mosul, the group blew up the Tomb of Jonah and the Nabi Younes Mosque in which it was housed. The Journal reports:
Though its population is predominantly Sunni, Mosul was a symbol of religious intermingling and tolerance in Iraq. Nineveh, the wider province, is a Assyrian Christian center dating back thousands of years. That Jonah's shrine was in a mosque was a proud reflection of that coexistence....

Wednesday, December 11, 2013

Controversy Over U.S. Commitment To Return Collection of Jewish Documents To Iraq

Religion News Service reported yesterday on the growing controversy over what the United States should do with a trove of Jewish documents, books and scrolls found in 2003 by U.S. troops in Iraq.  The items (now known as the Iraqi Jewish Archive) were discovered in the flooded basement of Saddam Hussein’s Baghdad intelligence headquarters.  They were rescued and taken back to the United States for preservation and restoration pursuant to an August 2003 Agreement (full text) between the Coalition Provisional Authority and the National Archives. That Agreement called for the return of physical custody of the documents to the Coalition Provisional Authority or its designee once preservation work was completed and a public exhibition of the collection was held. (Art. I, Par. 4).  A 2011 agreement between the State Department and the National Archives (full text) indicates that the Coalition Provisional Authority designated the Iraqi Ministry of Culture as the agency responsible for the documents.

The State Department says these agreements call for the U.S. to return the collection (some of which are now on display in the National Archives Building in Washington) to Iraq in the Summer of 2014.  Groups in the Jewish community and members of Congress are questioning the State Department's plans.  A website set up by groups representing Middle Eastern and North African Jews argues:
There is no justification, nor logic, in sending these Jewish archives back to Iraq, a place that has virtually no Jews, no interest in Jewish heritage and no accessibility to Jewish scholars or the descendants of those who once possessed them.
A bi-partisan letter to Secretary of State Kerry (full text) signed by 47 members of Congress last month argues that the collection should be returned to the descendants of the Iraqi Jewish community outside of Iraq.  It is estimated that there are only 5 Jews left in Iraq today.