A Boston federal judge is set to hear arguments in a new lawsuit that challenges the arrest of undocumented immigrants attempting to gain legal residency in the US by marrying a US citizen.
The hearing, to take place on Monday, will deal with the government’s arguments in a bid to have the class action lawsuit dismissed. The American Civil Liberties Union (ACLU) of Massachusetts, responsible for bringing the lawsuit, has also requested that its clients are given temporary relief while the case proceeds, which the government is likewise attempting to have dismissed. The ACLU alleges that several federal regulations, which allow certain spouses of those with US citizenship to remain in the country while attempting to gain legal immigration status, have been violated.
Lilian Calderon is the lead plaintiff in the new case, a Guatemalan woman who was living in Rhode Island when she was taken into custody, following a US Citizenship and Immigration Services interview. The ACLU intervened in the case on her behalf, resulting in her release on 17 February, with another 16 immigrants having likewise been arrested in 2018 after marriage interviews.
The ACLU has used the case to accuse US Citizenship and Immigration Services of collaborating with Immigration and Customs Enforcement to trap immigrants attending immigration appointments with their agency, calling it a violation of immigration laws and the right to due process.