ICE has 123 immigrants lined up for deportation

By Aaron Nicodemus
Standard-Times staff writer
March 27, 2007 6:00 AM
NEW BEDFORD — Federal immigration authorities have announced plans to deport 123 of the illegal immigrants arrested in the Michael Bianco Inc. raid, as soon as a federal judge gives the OK.

According to documents filed in U.S. District Court, U.S. Immigration and Customs Enforcement have asked Judge Richard G. Stearns permission to deport 57 of the illegal immigrants, and had already sought permission to deport 66 others. Judge Stearns had previously ordered that all deportations and removals of the Bianco detainees be halted until the court case can be heard. The next hearing on the case is scheduled for April 19.

The judge's order had prevented any of the 361 immigrants arrested at Michael Bianco Inc. from being transferred to facilities outside of Massachusetts, or from being deported. Before the lawsuit was filed, ICE flew 206 detainees from Fort Devens in Ayer to facilities in El Paso and Harlingen, Texas. The lawsuit had been filed by the Guatemalan consul, Carlos E.A. Sandoval, on behalf of all those arrested in the raid.

In its request, ICE gave two rationales for having the 123 illegal immigrants deported right away.

Sixty-six of the detainees have final orders of removal that predate the March 6 raid on the South End factory. That means they have been apprehended by ICE, and skipped a court hearing regarding their deportation. Those 66 — 50 in Massachusetts and 16 in two Texas facilities — are considered by ICE to already have had their day in court, and were deported in absentia. ICE had already notified the court of its intent to deport these individuals.

"These removals ... are in progress," reported ICE in the court documents filed yesterday.

Another 57 detainees, held in Harlingen and El Paso, Texas, signed voluntary departure orders sometime between the March 6 date of the raid and March 8, when the federal lawsuit was filed in federal court on their behalf. ICE has argued that the immigrants waived their right to a hearing before the lawsuit was filed.

Immigrants who leave voluntarily, instead of being deported, may reapply for legal status. Those who are deported are often barred from re-entering the United States for as long as a decade.

The court documents make it clear that deportation or voluntary removal will be swift once the judge makes a decision: "Efforts to obtain the necessary travel documents for removal of these final order detainees have now been successful, and ICE is now able to execute final orders of removal relating to these detainees."

ICE spokesman Marc Raimondi said once there is an order of removal, detainees could be deported immediately.

"We have flights going every day to Central and South America," he said. "As soon as we have their travel documents ready, we can put them on a flight."

Attorneys representing some of the detainees said people have given up their rights without discussing their cases with an attorney.

"They're giving up, and you can't really blame them," said John Wilshire Carrera, an immigration attorney with Greater Boston Legal Services. "I've gotten a couple of calls from Texas, from people who said they felt like they were forced to (waive their deportation hearings). A lot of people are feeling very, very discouraged."

Mr. Raimondi said that detainees are not asked to sign voluntary removal documents, but they are given information about it, and "if they indicate they would like to elect to take voluntary removal we provide them the appropriate paperwork." He said voluntary departure is not forced on anyone.

Immigration attorney Nancy Kelly, also with Greater Boston Legal Services, added that few people are being released on bond from the Texas facilities. Unlike in Massachusetts, where immigrants are being released on as little as $1,500 cash bail, immigrants in Texas are either being held, or released on $5,000 or $3,000 cash bail. She said she is not aware of any immigrant who has been able to post bail in Texas.

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