A federal judge has criticized the Trump administration's plans to deport Iranian nationals back to Iran, a country with which the United States is currently at war. U.S. District Judge Ana Reyes issued a strong rebuke during a court hearing on October 15, after a Justice Department attorney disclosed that Homeland Security officials were working on removal logistics to send individuals to Iran.
During the hearing, a transcript of which was later unsealed, the Justice Department attorney stated that the answer to whether there were planned removals to Iran had changed from "no" in August to "yes." Judge Reyes questioned the administration's rationale, stating, "We are going to remove people in our custody to a country with which we are at war?"
The judge drew a stark parallel, comparing the situation to the potential deportation of individuals to Nazi Germany during World War II. "We are talking about sending individuals in our care and custody to a country that we have bombed and we may continue bombing, and is a declared enemy of this country," Reyes said. "It is like saying we have individuals in 1942 in this country that we are going to send back to Nazi Germany."
The hearing was part of a lawsuit filed by the Iranian American Legal Defense Fund, which alleges that the government has been sharing confidential information about Iranian asylum seekers with the Iranian government. Court documents indicate that the U.S. government has been in communication with representatives of the Iranian government to arrange these deportations. Officials from the Iranian Interest Section in Washington, D.C., reportedly visited U.S. detention centers to meet with detainees. However, Iranian detainees in California and Arizona declined these meetings, according to the transcript.
The government stated it would "facilitate the travel" of Iranian detainees to a third country, from which the Iranian government would then facilitate their travel into Iran. In response to the judge's concerns, Reyes ordered the government to provide at least five days' advance notice before any individual is placed on a transport vehicle or plane bound for removal, and 24 hours' notice of any finalized removal plan. She warned that contempt proceedings would be initiated if these orders were violated.