Appeals court dismisses lawsuit over New Bedford immigration raid

BOSTON — A federal appeals court today upheld the dismissal of a lawsuit filed by immigrants arrested in a factory raid in New Bedford, but scolded the government for the clumsy way it conducted the operation.

The March raid at Michael Bianco Inc. led to the arrest of 361 of its 500 employees, mostly Central American women, on federal immigration charges. The leather goods manufacturer allegedly used illegal immigrants to fuel a massive expansion that followed an increase in orders after the Sept. 11 terror attacks.

The 1st U.S. Circuit Court of Appeals agreed with a federal judge who ruled that the district court has no jurisdiction over the case.

The appeals court also said U.S. Immigration and Customs Enforcement officials did not violate the constitutional rights of the immigrants who were detained after the raid.

The appeals court rejected the immigrants’ claim that their detention and quick transfer to holding centers in Texas interfered with their right to make decisions on the care and control of their children.

The court said ICE took steps before and after the raid to work with social service agencies to make sure their children were taken care of. The appeals court also said, however, that ICE should treat the raid as a learning experience and try to devise less heavy-handed ways of carrying out its mission.
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