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Danbury 11 story deepens

Friday, October 06, 2006
Time: 9:11 AM

Now do you remember
when I told everyone to keep an eye and watch what happens to the eleven people who were picked up by ICE agents? I didn't think these arrests would do any good as I always thought several of these people would be back in Danbury in no time.

Well, I'm not saying I told you so but...

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.
Bingo! Oh, but there's more...
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.
Ahem.

Now, I'm in a rush so I'll have to be quick here.

The police told the day laborers that they were causing a traffic problem and to stop "darting" in the street. The day laborers didn't get the message and in an act that can only be considered "boneheaded," continue to cause a problem by running into the street whenever some contractor was looking for people.

Okay fine. At that point, the police had every right to take action but, what happened next had nothing to do with the local police.

Baker and Mayor Boughton requested the assistance of ICE who later came in undercover as contractors and at random, picked up 11 day laborers.

Again, that is a brief rundown of the whole episode. Now, ask yourself this very simple question...how did the ICE know that the 11 people were illegal? Remember, the ICE didn't target certain people, they did a sweep and picked up 11 day laborers.

Return to Sender is a program focused on illegals who were deemed dangerou (felons, gang members, etc). Again, how did they know the people they were picking up were illegal if they were picking up people at random. If they were all here illegally, why are four back home in Danbury? Why weren't they deported?

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.
You see where I'm going with this. The whole episode, which cause a huge outcry, placed Danbury BACK in the media, and ended with a rally, a march to City Hall, and brought out the most racist a-hole in the area who held a huge cradboard sign that said "Speak English or DIE" brings us to a point where several of the people who were picked up were released, NONE of the eleven arrested were held on a CRIMINAL CHARGE, and NOW questions are raised over whether or not these people were picked up legally.

Oh the insanity!

At the rally, I was able to conduct a number of interviews but because my harddrive was full, I was unable to process the video.

That's until now.

Here's an interview I conducted with Attorney James Welcome, one of the lawyers who representing a number of the day laborers who were picked up. Now this interview was conducted before this story broke but he talks about what happened before these guys were released in Boston.
Grr...it would have been nice to have this interview posted before the News-Times came out with their story. I'll scoop them some other time :-)

(NOTE: If the video is blank, it's because I just uploaded the file and YouTube is stil processing the clip).
Remember what I said before and keep a close eye on this story.

BTW: I have more video interviews from last Saturday's rally and I'll have them posted later. Sorry for the delay but archiving over 100 gig of files takes a little time.

UPDATE: Good grief, I shouldn't type so early in the morning. Sorry 'bout that.

posted by ctblogger at 9:11 AM | Permalink|

1 Comments:

Not sure my first comment made it so posting again - if this is duplicate feel free to discard it.

-----------------------------------

The lawyer you interviewed made a comment that "all people" in this country have rights under the United States Constitution and nothing could be farther from the truth:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.


An Amendment to the Constitution is the Bill of Rights and this is one:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.2


Since this is an amendment, the reference to PEOPLE refers to PEOPLE of the UNITED STATES as specified in the preamble of the Constitution.

People of the United States does NOT mean anyone who happens to be standing on US soil. NO WAY JOSE.

Here is a link for the lawyers at the Jerome Frank Traitor Legal Services Clinic to read so they too can understand our Constitution. They need to go BACK TO SCHOOL

http://www.law.emory.edu/cms/site/index.php?id=3080
commented by Anonymous Anonymous, 2:39 PM  

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On September 26, 2007, ten plaintiffs filed suit in response to an arrest of aday laborers at a public park in Danbury, Connecticut. Plaintiffs amended their complaint on November 26, 2007.

The amended complaint states that plaintiffs sought to remedy the continued discriminatory and unauthorized enforcement of federal immigration laws against the Latino residents of the City of Danbury by Danbury's mayor and its police department.

Plaintiffs allege that the arrests violated their Fourth Amendment rights and the Connecticut Constitution because defendants conducted the arrests without valid warrants, in the absence of exigent circumstances, and without probable cause to believe that plaintiffs were engaged in unlawful activity. In addition, plaintiffs allege that defendants improperly stopped, detained, investigated, searched and arrested plaintiffs. Plaintiffs also allege that defendants violated their Fourteenth Amendment rights when they intentionally targeted plaintiffs, and arrested and detained them on the basis of their race, ethnicity and perceived national origin. Plaintiffs raise First Amendment, Due Process and tort claims.

Plaintiffs request declaratory relief, damages and attorneys fees.

CLICK HERE TO READ/DOWNLOAD MAYOR BOUGHTON'S DEPOSITION

CLICK HERE TO READ/DOWNLOAD MIKE McLACHLAN (then MAYOR CHIEF OF STAFF) DEPOSITION

Danbury Area Coalition for the Rights of Immigrants v.
U.S. Dept. of Homeland Security
3:06-cv-01992-RNC ( D. Conn. )

(02.25.08) Court docket

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(09.26.07) Press Release

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Barrera v. Boughton, No. 07-01436
(D. Conn. filed Sept. 26, 2007)

(02.25.08) Court Docket

Amended complaint

Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction

Defendants' Motion to Dismiss State Law Claims

Plaintiffs' Opposition to Motion to Dismiss

Order on Motion to Dismiss

Defendants' Answer to Amended Complaint

NEW HAVEN REGISTER: Immigrant's 2006 arrest was flawed Danbury mayor testifies

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Word of raid spread across the country

(09/29/06) VIDEO: Danbury 11 protest news conference

(09/29/06) Immigrant newspaper "El Canillita" gives best account of ICE day labor raid at Kennedy Park


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