Lawsuit Aims to End 'Systematic' Snatching of Brown-Skinned People by Trump Agents
"These guys are popping up, rampant all over the city, just taking people randomly, and we want that particular practice to end," one attorney in the case said of Department of Homeland Security agents.
Immigrant rights defenders in California on Wednesday sued the U.S. Department of Homeland Security, accusing the Trump administration of "abducting and disappearing community members using unlawful stop and arrest practices and confining individuals at a federal building in illegal conditions while denying them access to attorneys" as part of its mass deportation effort.
The lawsuit was brought by five individual workers, three advocacy groups, and a legal services provider: The Los Angeles Worker Center Network, United Farm Workers (UFW), the Coalition for Humane Immigrant Rights (CHIRLA), and Immigrant Defenders Law Center. Their complaint accuses DHS of unconstitutionally arresting and detaining people, according to the ACLU, which is assisting with the legal challenge, "in order to meet arbitrary arrest quotas set by the Trump administration."
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.
"DHS—at explicit direction from the Trump administration—has gone after day laborers, car wash workers, farm workers, street vendors, service workers, nannies, and others who form the lifeblood of communities across Southern California," said ACLU Foundation of Southern California senior staff attorney Mohammad Tajsar, who is representing plaintiffs in the case. "Everyone deserves to feel safe going about their daily lives. DHS must stop disappearing people from our communities."
Tajsar told the Los Angeles Times that "these guys are popping up, rampant all over the city, just taking people randomly, and we want that particular practice to end."
Alvaro M. Huerta, director of litigation and advocacy at Immigrant Defenders Law Center and a plaintiff's attorney in the suit, said in a statement that "the federal government is waging a campaign of terror across Southern California, abducting community members off the streets and warehousing them in deplorable conditions away from their loved ones, all while denying them access to legal counsel."
"It's blatantly unconstitutional, cruelly inhumane, and a violation of any common decency," Huerta added. "If the Trump administration insists on trampling Angelenos' rights, we'll see them in court."
Plaintiffs in the case—who are seeking to represent people subjected to random stops and arrests—are asking the court to certify the case as a class action. They have also requested preliminary and permanent injunctions barring further violations of constitutional protections against unreasonable searches and seizures and self-incrimination, as enshrined in the Fourth and Fifth Amendments, respectively.
As the lawsuit notes, "one of the clearest patterns that have emerged in the raids in Southern California... has been stops and interrogations... on the basis of apparent race and ethnicity."
"These raids have targeted the most vulnerable members of our workforce, essential workers who are the backbone of our local economy," said Los Angeles Worker Center Network executive director Armando Gudino. "We cannot allow racial profiling, warrantless arrests, and denial of due process to become the standard operating procedure in our communities."
DHS has been holding arrested people in the basement of a federal building in downtown Los Angeles commonly referred to as B-18. The lockup has no beds, showers, or medical facilities, according to the ACLU of Southern California. Furthermore, B-18 is meant to hold only a small number of people on a temporary basis while they are processed.
"We have heard from over 100 families of Individuals taken to B-18 and other detention centers that attest to their loved ones being kept in overcrowded, cold, and inhumane conditions," said CHIRLA executive director Angelica Salas. "They are held in small windowless rooms with dozens or more other detainees, in extremely cramped quarters while being verbally humiliated and pressured into signing papers they don't understand."
The ACLU of Southern California said: "The ongoing raids have led to the disappearance of more than 1,500 people. The suit details how federal agents consistently refuse to identify themselves or what agency they are with when asked, using anonymity as a tactic to shield lawlessness."
UFW president Teresa Romero noted in a statement that "the raids in the greater Los Angeles area have not been limited to the urban center; we have also seen horrific instances of Border Patrol agents chasing down farm workers in the fields of Ventura County. The spouse of a UFW member was among those unjustly detained."
"Now the very workers who feed America go to work in fear," she added. "Their American-born children are scared not knowing if their parents will come home. Farm workers deserve better. We've seen these unconstitutional and un-American tactics before, with Border Patrol targeting random farm workers and anyone with brown skin in Kern County during their large sweep in January. We sued then and we are suing now."
While U.S. President Donald Trump, members of his administration, and Republican lawmakers and supporters claim the DHS crackdown is targeting dangerous criminals, critics have noted that people legally seeking asylum, families, relatives of American citizens, and even citizens themselves have been swept up in the mass deportation dragnet.
According to the libertarian Cato Institute, 65% of people taken by ICE had no criminal conviction whatsoever and 93% had no conviction for violent offenses.
