The Boston Globe - 07.08.2019

WEDNESDAY, AUGUST 7, 2019 The Boston Globe Metro B

ByAidanRyan
GLOBECORRESPONDENT
A federal judge in Boston on
Tuesday allowed to move for-
warda class-action lawsuit that
accuses the government of de-
nying due processto detained
immigrants.
The ACLU of Massachusetts
and the ACLU of New Hamp-
shire filed suit in June, alleging
the federal governmenthad un-
lawfully detained three plain-
tiffs after flaweddetention
hearings. The civilliberties
groups said the detainees were
unconstitutionally requiredto
showthey posedneither a
threat to others nor a flight
risk.
The governmenthas op-
posed the lawsuit, arguing that
a finaljudgment for the plain-
tiffs in a class-action suit would
have “severe ramifications on
immigration procedures.” The
governmentopposescertifica-
tion of the lawsuit as a class ac-
tion and arguesthat due-pro-
cess claims don’t apply.
At a hearing on Monday, US
District Court Chief Justice Pat-
ti B. Saris had ordered the de-
fendants to submita response
within 30 days.
The plaintiffs include Gil-
berto Pereira Brito, who lives
with his wifeand threechil-
dren in Brockton;Florentin
Avila Lucas, a New Hampshire
dairy worker; and Jacky Celi-
court, a Nashua residentwho
reportedly fled Haiti to escape
politicalpersecution.
The complaint states that all
threewere held in immigration
detention centers even though
they werenot flight risksand
faced prejudicein the hearings
that are heldto determine
whether detainees can be re-
leased by Immigration and
CustomsEnforcement. All have
sincebeenreleased,according
to court documents.
Britocameto the United
States illegally in 2005 and has
in the past been charged with
unlicensed operation of a mo-
tor vehicle, operation of a mo-
tor vehicleunderthe influence
of alcohol, and drivingafter
suspension of his license.
The lawsuit states that Brito
has not beencharged withor
convicted of any crimessince
2009.
ICE arrested Brito in early
March and heldhim for more
than three months.An immi-
gration judge declined to re-
leasehim on bondbecause he
failedto prove“that he neither
posesa danger to the commu-
nity nor is a risk of flight,” ac-
cordingto the complaint.
In Lucas’s case, an immigra-
tion judge denied bondbecause
Lucas did not immediately al-
low BorderPatrol agentsto
handcuff him whenhe was ar-
rested in Lebanon, N.H., ac-
cordingto the complaint.
The complaint states that
Celicourt was denied bond be-
cause he had been convicted of
stealingheadphones worth
$5.99, had overstayed his visa,
and had worked without per-
missionfrom his employer.
The ACLU argues thesede-
tentionsrun contrary to past
federal court decisionsby deny-
ing due process grantedunder
the Fifth Amendment, the Im-
migration and Nationality Act,
and the Administrative Proce-
duresAct.
Saris indicated she hopesto
movethis case alongswiftly to
the US Court of Appeals for the
First Circuit.
“I have some concerns that,
as far as I can tell, the immigra-
tion judges are simply ignoring
the cases,not just here but in
the rest of the country,” Saris
said Monday.
Dan McFadden, an attorney
for the ACLU of Massachusetts,
saidhe was pleased that the
case may proceed quickly.
The suit also alleges that
268 bondhearingsin the past
six monthsin immigration
courts in Boston and Hartford
resultedin a denial of bond.
The ACLU says this is one of
the reasonsit’s seeking a class-
action suit.

AidanRyancanbe reachedat
[email protected]. Follow
himon Twitterat
@AidanRyanNH.

ACLU

suit for

migrants

advances

ByKellenBrowning

GLOBECORRESPONDENT

A coalitionof activists is

rampingup pressure on Boston

Mayor Martin J. Walsh to

award more public contracts to

women-or minority-owned

businessesafter the city ac-

knowledged in May that it sent

only a tiny amountof its busi-

ness to those firms.

In a letter to Walsh and Bos-

ton city councilors Tuesday, or-

ganizations includingthe Law-

yers for Civil Rights, the Massa-

chusetts Minority Contractors

Association,and the Greater

Boston Latino Network said

that it is “alarminglyclearthat

[the] disparity in city contract-

ing has affected Boston’s di-

versebusinesscommunity for

far too long.”

“The amountof wealth be-

ing lost eachyear in communi-

ties of color as a result is as-

tounding,” the coalition wrote.

The letter was promptedby

the release of the first of its kind

city data that showthat less

than1 percent of $664million

in contracts for construction

and professionalworkwentto

women- and minority-owned

businesses in Boston’s fiscal

year2018.The data werethe

result of an ordinance passed

by the City Councilthat re-

quires quarterlyreporting on

discretionary contracts, such as

purchases of paper products,

constructionmaterialsandser-

vices, and landscaping projects

and professional services.

Walsh himself in 2016

signed an executive order

pledging training and technical

assistance for minority- or

women-ownedbusiness enter-

prises, or M/WBEs, and setting

spendinggoals for city con-

tracts; for instance, it said 20-

25 percent of architectural and

engineering primecontracts

under $500,000should go to

firms owned by minorities.

On Tuesday, Walsh said he

had not read the letter but wel-

comed input on how to increase

the diversity of city contractors.

“Certainly, I was concerned

and disturbed by our low num-

bers,” Walsh said at an East Bos-

ton event. “And I thinkthe

more voices at the table,the

better it is.”

Walsh said the numbers re-

ported in May do not explain

the extent of the city’s business

diversity dealings, as they did

not include workthat was sub-

contracted out by vendors to

women- and minority-owned

firms.

Still, he acknowledged

there’s more work to do.

“The cornerstoneof the ad-

ministration has been inclusion

and reaching out to people, and

clearly we’re reachingout, but

the inclusion aspect of it didn’t

seemto take herein this con-

tract stuff,” Walsh said.

City officials also said they

are workingto increasethe di-

versity of contractors by host-

ing a series of workshops, train-

ings, and fairs aimed at boost-

ing the prospects of smallfirms

ownedby womenand minori-

ties.

In the letter, the coalitionof

business activists laid out a se-

ries of steps they said the city

should followto improvethe

chances of women- and minori-

ty-owned businesses to getting

city contracts, including break-

ing downlarge contracts “into

smaller pieces that smaller

companies can successfully

compete for,” streamliningor

eliminating criteria for project

bids, and establishing small or

localbusiness programs that

could “increase M/WBE partici-

pation.”

The process of awarding

subcontracts also needs to im-

prove,the coalitionsaid,be-

causeprime contractors often

“tend to simplygo back to sub-

contractors they have usedin

the past — an ‘old boys network’

that excludes M/WBEs.”

MiltonValencia of theGlobe

staff contributed to this report.

Kellen Browningcan be reached

at [email protected].

ByEmilySweeney

GLOBE STAFF

The body of a Massachusetts

man who was reported missing

while hiking the Appalachian

Trail has beenlocated in Maine,

authorities said Tuesday.

Jeffrey Aylward, a 63-year-

old retired firefighterfrom

Plymouth, was found dead in

his tent about50 yardsoff the

trail shortly after 10 a.m. Mon-

day by Game Warden Kyle

Hladik, accordingto the Maine

Departmentof Inland Fisheries

andWildlife. Aylward was

abouta fifth of a mile west of

Route17 nearthe Heightof

Land, which is a populardesti-

nation on the Rangeley Lakes

National Scenic Byway.

“Game wardens have no rea-

son to suspect Aylward’s death

is suspicious,” officials wrote in

a Facebook post. “Aylwarddid

have a history of recenthealth

issues.”

Aylward,whose trail nick-

namewas “Dusty Pilgrim,” had

beenhikingto Mount Katahdin

when he died. He had started his

journey July 1 at Pinkham Notch

in New Hampshire,near the

border of Maine, officials said.

Aylward’s familyhad been

bringinghim fresh supplies

abouteveryeightdays,buthad

not heard from him since he

sentatextmessageonJuly23,

officials said.

Officialssaid that gamewar-

dens had beenhiking to lean-to

and sign-in stations along the

Appalachian Trail to distribute

information aboutAylward’s

disappearance,and tips from

hikers whoreported seeinga

lone tent off the trail led to the

discovery of his body.

“The Maine Warden Service

wants to thank the AT commu-

nity and the many hikers in the

regionwho assisted in helping

locate Jeffrey Aylward,” officials

wroteon Facebook.

According to Plymouth town

records, Aylwardwas appoint-

ed as a firefighter to the Plym-

outh Fire Departmentin 1985.

Overhis career, he served as a

fire preventionofficer and

hazmat technician,and he was

on the department’s dive team.

Aylward retired as a lieutenant

with 29 years of service in 2014.

Plymouth Fire Chief G. Ed-

wardBradley said Aylwardwas

a “great guy” withan excellent

work ethic and attention to de-

tail. Whenhe worked as the de-

partment’s fire preventionoffi-

cer, his uniformalways looked

brand new and had perfect

creases, he said.

Bradley said Aylwardoften

talked abouthis plansfor hik-

ing the Appalachian Trail when

he retired. “It was something he

always wanted to do,” he said.

Emily Sweeney can be reached

at [email protected].

Mass. hiker found dead in Maine near Appalachian Trail

City urged to award more work to women, minorities

EX-FIREFIGHTER

In 2014,

Jeffrey

Aylward

retired

from the Plymouth

Fire Department.

Calltoday to schedule your FREE, in-homeconsultation!

781-995-

WindowWorldofBoston.com

OfficialReplacementWindows

of the BostonRed Sox

AmericA’s LArgest exterior remodeLer

windows •doors •siding •rooFing

When Qualityand Value Matter Most..

Ranked #1 by J.D. Power

“HighestinCustomerSatisfaction

withWindowsand Patio DoorRetailers”

ForJ.D.Power2018 awardinformation,visitjdpower.com/awards

.

House Full of Windows

Installed

™

Full House of Siding

Installed

$

189

per $

0

Down*

Month

Full House of Roofing

Installed

$

149

per $

0

Down*

Month

WithPurchaseofFullSidingorRoofingReplacement

FREE SeamlessGutters

–or–

NO INTEREST FINANCING

‘TIL

Withthis couponpresentedat timeof sale.Up to 100 LF of gutterand or downspoutincluded

withpurchaseof series 6000 or 400EP.Not validwith otheroffersor priorpurchases.Estimated

monthlypaymentsarebased on installationof 1600sq. ft of series 2000 vinylsidingand or

1600 sq. ft of lifetimeasphaltroofingshingles.Standardinstallationincluded.Someadditional

charges likelyto apply.Financingwithapprovedcredit.Ask associatefor details.Offersex-

pire8/31/19|MAHIC Reg# 166025 |This WindowWorld Franchiseis independentlyowned

andoperatedby L&PBostonOperating,Inc d/b/aWindowWorld of Bostonunderlicense

from WindowWorld, Inc.

00 Series

WhiteVinyl WeldedDoubleHungStyleTilt-to-Clean

up to 4’x6’InsulatedSolarZone™Glassand

LifetimeLimitedWarranty,Glass Breakage&LaborIncluded

U-Value.27 SHGC.

00 Series

$

0 Down/

%

0 Financing

(Just pay within15 months)

10 AnySize 40 0

Whit Vi lWlddD bl H

00

$ $

4,

00

H

$

Summer savings!

Our best price!!

Call todayand avoidthe fallrush!