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Judge Dismisses Union's Lawsuit Against ICE

Judge Finds Government In Compliance In Swift Raid

POSTED: 11:46 am MST January 22, 2007
UPDATED: 2:40 pm MST January 22, 2007

A federal judge has dismissed the union lawsuit against immigration officials which was filed following a raid at the Swift meatpacking plant in Greeley.

U.S. District Court Judge John Kane, noting that bond hearings have now been held for all plaintiffs, said "the case is over."

Kane said the federal government has complied with the law in handling people who were detained in the raid.

"Stick a fork in it," added assistant U.S. attorney Mark Pestal. "The judge determined that the aliens were accorded all the rights and protections they were entitled to."

Authorities say 262 people were arrested at the beef processing plant on Dec. 12. Some were taken to the Immigration and Customs Enforcement detention facility in Aurora, some were taken to a facility in El Paso, Texas.

The United Food and Commercial Workers Union originally filed suit against ICE, claiming not all of the workers were given due process.

"Until Friday afternoon, there were individuals who were taken into custody Dec. 12 who had not had an opportunity to have a bond hearing, and that is supposed to take place within 48 hours," said UFCW's General Counsel John Bowen.

He agreed that the union now knows what happened to the people taken into custody last month, and all have been given a chance to seek bond.

"It appears that at this time, they've all been accounted for," Bowen said.

Union spokesman Dave Minshall said one of the benefits of the lawsuit is that ICE now knows someone is looking over their shoulder. He added, "Had the union not filed a lawsuit, ICE would have continued to operate in secret."

An estimated 60 to 80 individuals are still in federal custody. Many others volunteered to return to their home countries.

The workers were taken into custody as part of a federal raid at Swift plants in Colorado and five other states. Officials say they were cracking down on an identity-theft ring.

Union officials argue the raid was really aimed at rounding up illegal immigrants, and that some people left the country against their will.


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