Immigrants appear in federal courtroom
http://www.newstimeslive.com/news/story.php?id=1016893
Oct 06 2006 3:57 AM
Immigrants appear in federal courtroom
Yale law clinic represents 4 of 11 nabbed in Danbury
By Karen Ali
THE NEWS-TIMES
DANBURY -- Four of the 11 day laborers charged last month with immigration violations after a U.S. Immigration and Customs Enforcement sweep near Kennedy Park are back home in Danbury after a hearing at a Boston immigration court.
"As far as I know, they are back home at this point," said Simon Moshenberg, of the Jerome N. Frank Legal Services Organization at the Yale Law School legal clinic. The clinic is representing the four men, and perhaps all 11, for free. The organization links law students with individuals and organizations in need of free legal help.
ICE arrived in Danbury on Sept. 19 at about 6:30 a.m. and rounded up the 11 men who were among the many there that morning waiting for jobs. ICE claims that all 11 are illegal immigrants.
However, Moshenberg said that he and his supervisor at the clinic, Michael Wishnie, will defend the men on a variety of issues, including whether they are "undocumented."
"I don't want to preview our legal argument too much," Moshenberg said.
Also, the legal team is looking at whether the men were captured in an illegal manner, Moshenberg said.
"We're still gathering facts about how the arrest took place and a lot of stuff that these guys know, such as what happened after they got into the (ICE) van," Moshenberg said.
Moshenberg said that these men did not do anything criminal. What they are charged with -- being in the country without proper documentation -- is a civil violation.
"It's a civil procedure," Moshenberg said.
Re-entering the country illegally after being deported is a criminal charge, Moshenberg said, but none of these men was arrested on that charge.
It is unclear why the men were arraigned and had to post bond for a civil violation, but immigration procedures differ from federal criminal law. Also, the names of the four who were released were not known as of Thursday.
Moshenberg said he is not sure why Danbury police were at the scene to assist with the Sept. 19 arrests.
"That's one of the areas we are looking into," Moshenberg said.
Lawyers are also looking into whether the 11 men were treated well while they were being detained.
The Yale law clinic may be representing the other seven men, but Moshenberg is not sure because he is having difficulty finding them. They are being detained somewhere in the country, though he is not certain where, he said.
He said that someone in the community contacted the law clinic about representing all 11 day laborers.
Wilson Hernandez, past president of the Ecuadorean Civic Center in Danbury, was at the Executive Office for Immigration Review bond hearing in Boston on Tuesday.
All four men were released after posting $1,500 bail, the minimum amount the judge could set.
"It was for me the most democratic experience," Hernandez said. Being in court, watching the lawyers defend the four men, giving them the best legal defense possible, was a moving experience.
"It was wonderful to confirm that there are rights for every human being in this country," Hernandez said.
Danbury Police Capt. Robert Myles said at this point, the case will be handled in federal court, and he declined to comment on whether it was proper for Danbury police to help ICE that morning.
Danbury police did have trouble managing the Kennedy Park area and had called ICE in after months of trying to control the area, which draws about 100 people on weekdays, police said at the time.
"We really have nothing to say. It will go to a federal hearing and they're going to have their hearing and what comes of it, comes of it. It's a federal case," Myles said. "It's turned into more of a political event than a police report.
"We've released everything we have and we are done with it," Myles said.
Contact Karen Ali
at kali@newstimes.com
or at (203) 731-3341.
