BOSTON — The federal lawsuit attempting to bring the detainees from the Michael Bianco Inc. raid from Texas to Massachusetts will be heard by a federal appeals court next month.
The lawsuit, filed on behalf of the illegal immigrants being held in El Paso and Los Fresnos, Texas, also seeks to prevent those detainees from being deported. The appeal followed a dismissal of the case from federal court in Massachusetts due to jurisdictional issues. The appeal will be heard before three judges from the First Circuit Court of Appeals at the Joseph Moakley Courthouse on Aug. 1.
We're looking for the court to grant an injunction so that when people get picked up, they can't just ship them out like that," said John Willshire Carrera, lawyer for Greater Boston Legal Services. "We also think the government shouldn't mistreat people the way they have."
Following a March 6 raid on the Michael Bianco Inc. factory in the South End, 361 illegal immigrant workers were arrested. While about 40 were immediately released to care for their children, the remainder were driven to Fort Devens in Ayer. Two days after the raid, more than 200 of the detainees were flown from Fort Devens to two jails in Texas. Mr. Carrera said that 40 to 60 of those detainees remain in the Texas facilities.
In the previous case that was dismissed, Mr. Carrera and other lawyers said that they found more than 50 Bianco detainees in Texas who claimed they had been forced or tricked into signing papers giving the government permission to send them back to their home countries.
The injunction sought for all immigrants would be similar to one already in place for immigrants from El Salvador. When agents from U.S. Immigration and Customs Enforcement arrest illegal Salvadorean immigrants, the injunction prevents ICE from sending those immigrants outside of the region of the country they were arrested in.
The injunction prevented ICE from sending any Salvadoreans arrested in the Bianco raid to Texas. Instead, they were held in jails throughout Massachusetts and Rhode Island, including the Bristol County House of Corrections in Dartmouth.
Mr. Carrera, fellow legal services attorney Nancy Kelly and Catholic Social Services attorney Ondine G. Sniffin met with a group of Bianco families at the Ben Rose Community Center this week to give an update on the case.
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