Palestinian who was to be deported from US to Israel is released from detention
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Palestinian who was to be deported from US to Israel is released from detention

Abdelhaleem Ashqar, imprisoned for refusing to testify against Hamas, sent home; plane turned around after snap reversal; judge bars officials from handing him over to Israel

In this photo from February 1, 2007, Abdelhaleem Ashqar is surrounded by cameramen as he leaves federal court with his wife, in Chicago. (AP Photo/Charles Rex Arbogast)
In this photo from February 1, 2007, Abdelhaleem Ashqar is surrounded by cameramen as he leaves federal court with his wife, in Chicago. (AP Photo/Charles Rex Arbogast)

A northern Virginia man whose deportation to Israel was reversed last week is home again.

Immigration attorney Patrick Taurel said Abdelhaleem Ashqar was home in Alexandria on Friday following his release from a detention center in Bowling Green, Virginia.

Ashqar, who says he fears torture at the hands of Israeli authorities, is back in the US after a judge’s order last week forced immigration authorities to reverse his deportation and bring him back from Israel before he ever got off the plane.

Ashqar, 60, recently served 11 years in prison for refusing to testify to a grand jury investigating the Palestinian terror group Hamas.

According to court papers and interviews, US authorities arrested Ashqar last week and quickly deported him on a chartered flight after misleading him about his need to report to an immigration office to process paperwork.

By Thursday, though, Ashqar was back in the US. He was held at a detention facility in Bowling Green as his case awaits an expedited ruling from the 4th US Circuit Court of Appeals in Richmond.

The snap reversal followed a late-night emergency hearing in federal court in which the judge inquired about turning around the plane carrying Ashqar mid-flight.

Ultimately, though, the plane landed in Israel, where US officials say they planned to make arrangements to turn him over to Palestinian authorities.

But deportations to Palestinian territory must be conducted through Israel, his attorney said. So Israel could either intercept and interrogate Ashqar before handing him over to the Palestinians, or the Palestinians might simply hand Ashqar over to the Israelis, Taurel said.

In this photo from February 16, 2004, Abdelhaleem Ashqar, left, with his wife Asma, right, meets reporters at the National Press Club in Washington, to announce his presidential candidacy for the Palestinian Authority. (AP/Pablo Martinez Monsivais)

Ashqar, who was born in the West Bank and went to the US in 1989 on a temporary visa to study at the University of Mississippi, has a credible fear of torture at the hands of Israel, Taurel said. Ashqar says he was imprisoned and beaten by Israeli interrogators in the 1980s after protesting Israel’s military control of the West Bank.

In 2005, he ran to succeed Yasser Arafat as president of the Palestinian Authority, all while confined to his Alexandria home on house arrest as he awaited trial. He finished fourth in a field of seven.

After the hearing, US District Judge T.S. Ellis III issued a ruling in which he largely said he had no authority to intervene in the deportation. He did say, though, he was concerned that Immigration and Customs Enforcement was not carrying out the deportation properly. Ashqar’s removal order specifies he be deported to Jordan, so Ellis barred immigration officials from turning Ashqar over to Israeli authorities in any way.

In doing so, he stated in a footnote that his ruling “must not be construed in any way as accepting as true petitioner’s [Ashqar’s] claim that he was tortured by Israeli officials in the past and that he has a bona fide fear that he will be tortured.”

ICE officials issued a statement Saturday saying the bureau fully complied with Ellis’ order. The statement said officers returned Ashqar to the US Thursday because they were “prohibited from executing the removal if Ashqar was delivered to Israeli authorities.”

The US Attorney’s Office for the Eastern District of Virginia, which is defending the government’s actions in court, declined to comment Saturday.

Taurel said authorities can’t deport Ashqar to Jordan because the Jordanians won’t accept him. Indeed, Taurel said records in one of Ashqar’s court proceedings show that then-Department of Homeland Security secretary Kirstjen Nielsen raised the issue directly to her Jordanian counterparts to no avail.

In this illustrative photo from October 22, 2018, US Immigration and Customs Enforcement agents surround and detain a person during a raid in Richmond, Virginia. (AP Photo/Steve Helber)

Taurel expressed frustration about the way in which the deportation was conducted. He said ICE agents will often conduct deportations unannounced when people make regular check-ins at immigration offices. But he said this is the first time that a client was deported after he had received explicit assurances that would not occur.

Ashqar’s family said they accompanied him to the immigration office in Fairfax on Tuesday when he was deported. His wife, Asmaa, said agents assured her everything was fine even as they took him away in handcuffs. She said she waited four hours before an agent came out and told her her husband had been deported and was going to Israel.

“It’s like a movie. It’s unbelievable,” she said.

After he finished serving his prison sentence, Ashqar spent another 18 months in immigration custody as officials looked for a way to deport him. He was finally released in December after his lawyers successfully petitioned to get him out. During the five months he was free, Asmaa said, “he didn’t like to leave the house. He wanted to just stay home with us.”

Ashqar’s son, Ahmad Mohammed, likened his father’s deportation to a kidnapping. He said the family was able to speak to him by phone after he was brought back to the US.

“He’s hanging in there,” he said. “He’s thinking about us more than he’s thinking about himself.”

Hamas issued a statement last week condemning the deportation and holding the US accountable for his treatment.

The statement said Ashqar “is a national icon who is known for his sense of nationalism and loyalty for his people. … Indeed, all the Palestinian people are proud of him.”

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