A civil lawsuit filed on behalf of alleged illegal immigrants arrested last month at the Swift meatpacking plant in Greeley was dismissed Monday by a federal judge in Denver who found the government has accounted for everyone who was in custody and that bond hearings have been held for all.
U.S. District Court Judge John Kane said the scale of the raid and “aliases” used by some of the workers caused some “difficulties” in tracking some of those who were arrested and held.
Kane ruled that government officials are “compliant” in accounting for all of the 261 who were arrested.
United Food and Commercial Workers union attorneys had filed a suit complaining that some of those arrested were denied due process because many had not had bond hearings within 48 hours.
Attorneys representing the union also argued that different sets of standards was being used for defendants who were held in Denver and others who were taken to El Paso, Texas.
Between 60 and 80 remain in custody, said Mark Pestal, assistant U.S. attorney.
Pestal told Kane that each arrest was examined individually. Some suspects have been released on bail, and others, who chose not to fight deportation, have been returned to Mexico or their country of origin.
Some defendants were allowed to bond out because of health issues or family responsibilities. Others remain in custody.
At the time of the Dec. 12 raids in Greeley and at other Swift plants around the country, federal officials said some of the suspects were involved in identity thefts.
After the hearing Pestal declined comment on possible criminal proceedings involving those still in custody and would address only the “due process” complaints that the court had ruled on.
Staff writer Kieran Nicholson can be reached at 303-954-1822 or knicholson@denverpost.com.
