TheDenverChannel.com






Denver News
Share
E-Mail News Alerts
Get breaking news and daily headlines.
Browse all e-mail newsletters
Related To Story

Judge Demands To Know Whereabouts Of ICE Suspects

Government Says 265 People Taken During Swift Raid

POSTED: 1:15 pm MST January 12, 2007
UPDATED: 7:57 pm MST January 12, 2007

A federal judge demanded Friday that immigration officials disclose the whereabouts of 265 people arrested in a raid at a meatpacking plant in Greeley last month.

U.S. District Judge John L. Kane gave Immigration and Customs Enforcement until Jan. 22 to submit a list accounting for all the detainees, including those who have been deported.

"There are people in custody -- there is an urgency to this," Kane said.

Kane told ICE officials to work on the list with union attorneys who are contesting the Greeley arrests.

ICE agents raided Swift & Co. meatpacking plants in six states on Dec. 12, arresting a total of 1,282 people. ICE has said about 220 face identity theft or other criminal charges and the rest face immigration charges, which are considered administrative rather than criminal.

The United Food and Commercial Workers Union filed suit in Denver federal court, alleging the arrests of the 265 Greeley workers violated their constitutional rights to due process.

The lawsuit claims ICE agents threatened, intimidated and lied to workers during last month's immigration raids.

ICE has denied the charge. Federal prosecutors say the workers were informed of their rights.

Kane said he is limiting his involvement in deciding whether due process was followed after the arrests. He said that there was a great deal of confusion about the number of agents that were involved, the number of illegal aliens who were arrested, how many are still in custody and where they are located.

Exactly one month after the raid, some people are still unaccounted for, attorneys said. Government attorneys argued that 22 people are unaccounted for while attorneys for the plaintiffs said that number is closer to 77.

"This is a very confusing case," said Laura Lichter, an immigration attorney. "They haven't been identified. They haven't been given a bond amount. They haven't been given a bond hearing or they haven't gone in front of a judge. We need to identify those people. And those people, within 48 hours, need to be brought in with the right to go foward with a custody determination."

Kane said Friday that he will not dismiss the case. He said that he will retain this case in his jurisdiction to monitor ICE's compliance, and that his jurisdiction includes the subjects who voluntarily signed paperwork that waive their rights so they could be deported to their country of origin.

Government authorities said the judge did not have the jurisdiction over the people who were arrested and turned over to state authorities for prosecution of other crimes.

The judge said he does not know if he has jurisdiction over them until the government provides information on who these people are, where they are and whether they are still in custody.

He ordered attorneys on both sides to get together in his courtroom and to share information with him.

While Local 7 filed the lawsuit to challenge how the raid was carried out and how the arrests went down, the judge said he can't look at those issues.

"He can only look at the fact of the detention, whether people have been given access to counsel and have been fully informed of their rights before giving up on an immigration case," said Lichter.

She said the judge can't rule on how the raid was conducted is because the law has been crafted to keep courts from reviewing what the executive branch does.

"What it really comes down to is that the courthouse is closed to people who are immigrants, even though they are supposed to be considered people under the law and people under the constitution, they can't get to the courthouse steps," Lichter said.

"To be clear, Local 7 doesn't condone identity theft. Local 7 doesn't think that immigration law should be broken. But the problem is, that everybody is entitled to due process, and so far they haven't had that." said union spokesman Dave Minshall.

Plaintiffs attorneys are heading to Texas, where some of those who were detained have been taken to, and trying to schedule 61 bond hearings. The next hearing in Denver is scheduled for Jan 27.

On that same morning, ICE also raided Swift plants in Grand Island, Neb.; Cactus, Texas; Hyrum, Utah; Marshalltown, Iowa; and Worthington, Minn. The Denver lawsuit did not include workers arrested at those plants.


E - News Registration
 7 a.m. News
9 a.m. News
Noon News
4 p.m. News
8 p.m. News
Breaking News Alerts
My Report Network
National Breaking News

Advertiser Links


Enter to win eight tickets to Water World!Like Us On Facebook! Winner announced on 7NEWS Saturday at 10 p.m.

Advertiser Links