Wednesday, November 28, 2007

First Circuit Dismisses New Bedford Case

The U.S. Court of Appeals for the First Circuit has affirmed the dismissal of a lawsuit by noncitizens arrested in the New Bedford, Massachusetts raids last spring.  "This appeal has its genesis in a dramatic raid on a leather goods factory in New Bedford, Massachusetts. Enforcement of the immigration laws is difficult and oftentimes controversial work. So it was here: the raid led to the detention of hundreds of undocumented aliens and put significant strains on those involved and those who wished to help." Aguilar v. U.S.  Immigration & Customs Enforcement (Nov. 27, 2007).

The court affirmed the dismissal based on lack of subject matter jursidiction based on provisions of the REAL ID Act.  In conclusion, the court expressed hope that ICE would learn from the case and employ less "ham-handed ways" in enforcing the law in the future.



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This is a big one for ICE and the government, one that should set an example for future judgments of its kind.

Posted by: Horace | Nov 28, 2007 7:05:27 AM

Professor Johnson understates the repercussions of this case. It puts paid to any future actions by illegal alien advocates who would use argument of Constitutional violation to inhibit ICE from enforcing immigration laws. Immigration lawyers sought to invoke comparatively complex due process for criminal actions into a civil action venue, in effect, attempting to bog down the process from one that should take a few days to one that would take years and prohibitively large legal costs to the taxpayer. Moreover, the court reaffirmed the validity and jurisdiction of the immigration courts. ICE and the immigration courts are now free to do their jobs expeditiously, as was intended by Congress under recent immigration law. The court found that the inconvenience suffered by the illegal alien failed to trump the interests of the state.

Posted by: Horace | Nov 28, 2007 1:39:57 PM

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