Original article by Stephen Prager republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).
(Photo: Mario Tama/Getty Images)
“No matter the color of their skin, what language they speak, or where they work, everyone is guaranteed constitutional rights to protect them from unlawful stops,” said an attorney with the ACLU of Southern California.
A federal judge in Los Angeles has ordered the Trump administration to stop carrying out indiscriminate immigration raids in the city and its surrounding areas, citing its use of “unconstitutional tactics,” including racial profiling and denying the right to an attorney.
Judge Maame Ewusi-Mensah Frimpong of the U.S. District Court for the Central District of California wrote that there is a “mountain of evidence” that Immigration and Customs Enforcement (ICE) and other federal agents are “indiscriminately rounding up numerous individuals without reasonable suspicion” in violation of the Fourth Amendment during their “roving patrols” in the region.
She issued two temporary restraining orders against the Department of Homeland Security (DHS). One bars agents from targeting individuals based on race or ethnicity; speaking Spanish or English with an accent; presence in specific locations such as bus stops, car washes, or agricultural sites; or type of employment. The second requires DHS to provide access to attorneys for those who are arrested.
The case was brought by the American Civil Liberties Union (ACLU) and other local legal organizations on behalf of five plaintiffs who said their rights were violated by immigration agents.
According to the complaint:
The raids in this district follow a common, systematic pattern. Individuals with brown skin are approached or pulled aside by unidentified federal agents, suddenly and with a show of force, and made to answer questions about who they are and where they are from. If they hesitate, attempt to leave, or do not answer the questions to the satisfaction of the agents, they are detained, sometimes tackled, handcuffed, and/or taken into custody.
In these interactions, agents typically have no prior information about the individual and no warrant of any kind. If agents make an arrest, contrary to federal law, they do not make any determination of whether a person poses a risk of flight before a warrant can be obtained. Also contrary to federal law, the agents do not identify themselves or explain why the individual is being arrested.
Two of the plaintiffs were U.S. citizens.
One of them, a dual U.S. and Mexican citizen, said he was questioned and detained by unidentified officers on three separate occasions while working at a car wash in Orange County. Agents insisted that his passport was fake and repeatedly asked if he was American.
Another U.S. citizen was told he was arrested because he “looked like an illegal alien.” Agents with military-style rifles and handguns repeatedly asked him, “What hospital were you born at?” When he could not answer the question, an officer grabbed him and shoved him against a metal fence. After he showed the officers his Real ID, he says they took it and never returned it to him.
“No matter the color of their skin, what language they speak, or where they work, everyone is guaranteed constitutional rights to protect them from unlawful stops,” said Mohammad Tajsar, a senior staff attorney with the ACLU Foundation of Southern California.
“While it does not take a federal judge to recognize that marauding bands of masked, rifle-toting goons have been violating ordinary people’s rights throughout Southern California, we are hopeful that today’s ruling will be a step toward accountability for the federal government’s flagrant lawlessness that we have all been witnessing,” he added.
Since early June, Southern California has been the epicenter of the Trump administration’s “mass deportation” push, with thousands of immigrants detained—often by unidentified, masked agents—in sweeping raids that have traumatized Latino communities across the state.
Despite the administration publicizing the arrests of violent criminals, the vast majority of those arrested have no criminal history. More than 1,500 people have been disappeared, the ACLU said last week, “in order to meet arbitrary arrest quotas set by the Trump administration.”
“Due process, access to counsel, dignity, and respect were not afforded to our loved ones, our friends, our neighbors as ICE plowed through our community in their obsessive, racially motivated quest for quotas,” said Angelica Salas, executive director at Coalition for Humane Immigrant Rights (CHIRLA). “No one is above the law, and today’s decision reaffirms that President Trump and all its immigration enforcement apparatus must follow the Constitution.”
Original article by Stephen Prager republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).
