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Union Leader Corp. appeals illegal immigrants ruling
The appeal relies heavily on a similar case, the New York Times Co. & Maria Sacchetti v. U.S. Dep't of Homeland Security, in which the U.S. District Court for the Southern District of New York found in favor of the New York Times and Sacchetti, a Boston Globe reporter, and ordered ICE to disclose names of convicted criminal aliens released by ICE but not deported.
Furthermore, illegal aliens do not even enjoy a "minimal privacy interest" since federal privacy law defines an individual as either a U.S. citizen or alien lawfully admitted for permanent residence.
Any privacy interests also are clearly outweighed by the "significant public interest in shedding light on the activities and performance of ICE and other government agencies" involved in handling convicted criminal aliens, he said.
"The disclosure of the names of these criminal aliens — which are already in the public domain as part of state court records and immigration proceedings — will shed substantial and necessary light on the performance of ICE and other governmental actors," Sullivan claimed.
In his April 18 order, Judge Barbadoro said the Union Leader failed to argue how releasing the names "would directly reveal anything about the way in which the government is conducting Operation Cross Check."
Khaalid H. Walls, spokesman for ICE's New England division, said ICE does not comment on pending litigation.
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Market Basket walkout a future case study
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