Judge allows illegal aliens to sue ICE agents

A Connecticut federal judge ruled against the government and will allow illegal immigrants to sue ICE agents for civil rights violations.

U.S. District Court Judge Stefan Underhill ruled Immigration and Customs Enforcement (ICE) officials are not immune from lawsuits if they are anchored on Constitutional grounds.

The civil rights lawsuit, brought by 11 alleged illegal immigrants claim they were unlawfully apprehended by ICE agents in New Haven, Conn, June 2007.

The plaintiff’s attorneys told The New Haven Register “the decision has wide-ranging implications.”

Judge Underhill refused the government’s plea to dismiss the charges against ICE agents and their supervisors, including Julie Myers ICE’s former agency head.

A group of law school interns and their bosses at Jerome N. Frank Legal Services Organization at the Yale Law School brought the lawsuit on behalf of the illegal aliens. The interns argued that the 11 suspected illegal aliens were unfairly treated based on race.

Recently retired ICE agent, John Sakelarides had plenty to say about another lawsuit benefitting illegal aliens.

“This suit is nothing more than a transparent and feeble attempt to scare ICE agents into refusing to enforce the immigration laws of this country. Can you spell intimidation? When it goes to trial, my guess is the agents will be exonerated and what should happen is that the government should seek fees for wasting taxpayer money in defending a baseless lawsuit,” Sakelarides said. “Extortion is still illegal in this country. The far reaching implications claim is a clear indication of what the intent of this lawsuit is, namely intimidation.”

Sakelarides didn’t know if this lawsuit was being brought under the Federal Torts Claim Act (FTCA) or under a Bivens Action.

“I do know, from the past and unfortunately present, experience that suits are often filed under both but the law is clear that they cannot co-exist, there can only be either an FTCA claim or a Bivens Action. It centers on whether or not the federal employee was or was not acting within the scope of their authority,” he explained.

“This is borderline criminal. If the agents did something wrong, so be it. But if they didn’t and this suit is being brought simply to induce a chilling effect on the enforcement of the immigration law, then these idealistic and naive law students and Yale Law School ought to be held accountable,” Sakelarides finished.

ICE officials declined to comment on the lawsuit.

For more stories; http://www.examiner.com/county-political-buzz-in-san-diego/kimberly-dvorak

© Copyright 2010 Kimberly Dvorak All Rights Reserved.

About thekdreport

Investigative journalist

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