From NPR [1]:
A federal judge[U.S. District Judge Mark Goldsmith] in Michigan granted temporary reprieve from deportation on Thursday to more than 100 Iraqi nationals with criminal convictions who were living in the Detroit area. They had argued they could face persecution or torture in Iraq because of their status as religious minorities, The Associated Press reports.
[…]
The Justice Department had argued that immigration court is where the Iraqi nationals should make their case — not U.S. District Court. But U.S. District Judge Mark Goldsmith halted the deportations for 14 days while he decides if his court has jurisdiction.
If Goldsmith is willing to ignore the law as written, I say just chuck the law altogether and deport Goldsmith. Congress has the power to decide a court’s jurisdiction and Congress has decided that this is not Goldsmith case to decide. Depend on an Obama appointee to ignore any law for which he personally does not support.
This is not about foreign nations not getting their day in court. It is about under our Constitution, in which court do they appear.