Wednesday, November 28, 2007
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.