Things That Matter

Louisiana Police Detained A US Citizen After A Judge Cleared His Release Because He’s A Latino

On Aug. 31 2018, Ramon Torres was pulled over based on the suspicion of driving while intoxicated. Torres refused to take a breathalyzer test. As a consequence, he was arrested and jailed. The next day, a judge ordered his release, however, he was not immediately let go. Instead, the Ascension Parish Sheriff’s Office placed Torres on an “immigration hold.” 

Torres is originally from Honduras, but arrived to the United States with his family when he was a child. In 2009, he became a naturalized citizen.  

Those who know Torres, attempted to intervene and supplied the Ascension Parish Sheriff’s Office with documents, such as his birth certificate, social security card, and U.S. passport, proving that he was a citizen. These documents should have been enough to confirm Torres’ citizenship. Yet, their efforts were ignored and he was kept for a total of four days. 

Torres was released only after his friend hired a lawyer. 

“The increasing national rhetoric of fear and racism around immigration is tearing apart our local communities,” said Katie Schwartzman, the legal director of the ACLU of Louisiana. 

This week,  the American Civil Liberties Union of Louisiana filed a suit on behalf of Torres. According to the suit, Torres was held for immigration review due to the color of his skin and his Latinx sounding name. It is an example of racial profiling, an act that is both illegal and unconstitutional. 

Torres’ Fourth and Fourteenth amendment rights were violated. As a result, the ACLU is seeking to award him compensation for his unlawful detention. 

The ACLU is blaming the harmful rhetoric that is currently being spread throughout the country. The line has to be drawn between local law enforcement and federal immigration. Local authorities are there to protect, but time after time, their actions stem from the damaging comments said by government official and their own racial biases. 

As a reminder, it is not the duty of local law authorities to enforce immigration policies, especially when they are unconstitutional and unjust. Law enforcement should be able to recognize when protocols are wrong to conduct and hold each other accountable in order to do their duty to protect their community instead of harming it. 

Immigrant communities are being unfairly targeted, harassed, and terrorized by the very law enforcement agencies that should be protecting them.

According to the suit filed by the ACLU, Torres asked why he was still being held by law enforcement and received a response by an individual who said it was a policy of the Ascension Parish Sheriff’s Office to automatically hold every Latinx person to conduct a thorough investigation of their immigration status. 

This policy is more than questionable. The intention the Ascension Parish Sheriff’s Office claims to have is to prove that the people they are holding are U.S. citizens. However, when presented with the right and lawful documents they turn a blind eye. It is not a matter of serving their community. In this case, the deputies are looking to terrorize Latinx folks. It is a tactic that has been used in this country before. For example, sheriff Joe Arpaio who conducted traffic patrols that targeted immigrants in Arizona. Arpaio was convicted of criminal contempt because of his tough scare-tactics against immigrants, but was pardoned by Donald Trump when he took office. 

What kind of message does that send to local law authorities? For starters, without accountability, people like Arpaio and those at the Ascension Parish Sheriff’s Office know that they can get away with harassing Latinx people because they are backed by an administration that shares their same beliefs. Furthermore, it makes it seem okay for the people in power to bully immigrants into hiding. They are demonstrating that Latinx folks are the ‘other’ and it does not matter if they are citizens or not. We aren’t welcome. 

Policies like the one the Ascension Parish Sheriff’s Office has in place do more harm than good, thus feeding into laws that are rooted in xenophobia.

If it happened to Torres, who is a citizen of the United States, imagine the many people that have to face the same thing every day – some of which may be citizens or are undocumented. People shouldn’t have to worry about carrying multiple forms of identification with them 24/7 or that these documents won’t be enough to support them, but it’s a reality for many due to the unjust profiling that occurs. 

Immigrants are thought of as easy targets, but organizations like the ACLU are attempting to change that by fiercely defending their rights. In their press release, the ACLU states that their goal is to “continue the fight against all forms of anti-immigrant bias and discrimination. The safety and wellbeing of our communities depend on it.” 

ACLU Demands The US Government Come Up With A COVID-19 Response For ICE Detention Centers

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ACLU Demands The US Government Come Up With A COVID-19 Response For ICE Detention Centers

icegov / Instagram

As the novel coronavirus COVID-19 spreads across the globe, there is one population the American Civil Liberties Union Foundation of San Diego and Imperial Counties (ACLUF-SDIC) is trying to protect: migrants. The virus, which is highly contagious, has infected more than 127,000 people across 6 continents. More than 68,000 people have recovered from the virus. To date, more than 4,700 people have died from the disease and the ACLU wants to make sure detained migrants don’t die because of the virus.

The ACLUF-SDIC is calling on the U.S. federal government to create a plan to prevent COVID-19 from spreading in migrant detention centers.

Credit: @ACLU_NorCal / Twitter

The novel coronavirus COVID-19 is spreading across the globe triggering strong reactions from governments seeking to limit the spread. Italy has locked down the country to tell everyone in the country to quarantine.

So far, more than 1,300 people in the U.S have tested positive for COVID-19 and 38 have died. Most of the fatalities were in Washington state where 21 deaths happened in Seattle-area long-care facilities.

The ACLUF-SDIC is calling on Immigration and Customs Enforcement (ICE) to develop a detailed plan to prevent the spreading of COVID-19 in detention centers.

The ACLUF-SDIC wants a written plan to prove that immigration officials have the migrants’ health in mind.

“ICE detention facilities in San Diego and Imperial counties must act quickly to put in place a comprehensive emergency plan that protects people in their custody from COVID-19,” Monika Langarica, immigrants’ rights staff attorney for the ACLUF-SDIC, is quoted in a release. “The spread of the virus into a detention center would have devastating consequences for the people locked up inside.”

The ACLUF-SIDC is concerned about the inadequate medical care and overcrowding could lead to a serious outbreak of COVID-19 within the detained migrant population.

Other ACLU chapters are calling on ICE to work with migrants to prevent the spread of COVID-19.

The ACLU of Louisiana has asked ICE to offer expedited hearings for the elderly detained migrants to preserve their health.

“Given the CDC’s warnings about avoiding confined spaces and the threat COVID-19 poses to the frail and elderly, immediate steps must be taken to safeguard the health and well-being of incarcerated people across the state,” Alanah Odoms Hebert, ACLU of Louisiana executive director is quoted in a statement. “We know that confining people in close quarters increases the risk of infection, but right now thousands of Louisianans are incarcerated based on the mere accusation of a crime and an inability to pay bail. In the interests of public health, we’re calling for expedited parole hearings for the elderly in state prisons and for the immediate release of people who are being jailed pretrial based solely on their inability to pay bail. We look forward to working with state, federal, and local officials to ensure the health and well-being of all people under correctional control in our state.”

For more information about COVID-19 and how you can prevent it, click here.

READ: What To Know About The Coronavirus And How To Prevent It

ICE Subpoenas Denver Officials Requesting Info On Undocumented Migrants But State Lawyer Says They’re Not Valid

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ICE Subpoenas Denver Officials Requesting Info On Undocumented Migrants But State Lawyer Says They’re Not Valid

@workpermitcom / Twitter

It is the right, under the constitution, of state and local governments, including law enforcement, to refuse to cooperate with federal law. In other words, if the federal government issues a mandate, local officials do not have to comply. That is why some cities abide by Sanctuary policies to protect undocumented immigrants that are being persecuted by government agencies such as U.S. Immigration and Customs Enforcement (ICE). However, ICE isn’t bowing down to the constitution and is taking matters to the courts. 

Earlier this week, Homeland Security has issued a subpoena to Denver law enforcement to get information on three Mexican nationals and one Honduran who were previously in custody. 

“Since we have no cooperation at the Denver justice center, we are modifying our tactics to produce information,” Henry Lucero, deputy executive associate director for ICE’s Enforcement and Removal Operations, said, according to the Associated Press

According to the AP, Denver officials have 14 days to respond to the subpoena in three of the cases, but in the other, they have three days to respond. ICE officials allege that all four foreign nationals have been in jail for sexual assault and child abuse and have been previously deported.

“In the past, we had full support. We collaborated in the interest of public safety,” Lucero added. “This is a drastic change. And one ICE is forced to do and puts other agencies on notice that we don’t want this to happen. We want to protect the public.”

Officials at the Denver mayor’s office said they would not comply with the demands of ICE because the paperwork issued by ICE are not proper subpoenas but rather administrative forms and not legal document signed by a judge. 

“The documents appear to be a request for information related to alleged violations of civil immigration law,” Chad Sublet, Senior Counsel to the Department of Safety in Denver, wrote, according to Time magazine. “Based on these facts, we are denying your request.”

Sublet also said that Denver officials have collaborated with ICE on information previously with other requests. He showed documentation that proves Denver responded to “88 requests by ICE between October and December of last year.”

Despite the support of local officials of Sanctuary policies, the majority of those cities have been struck by ICE as they have conducted numerous raids there, including in Denver. 

Cities including Los Angeles, New York, and Chicago all have protections in place for undocumented people, but that has only fueled ICE to conduct raids there and elsewhere. Last year in September, ICE conducted raids in Colorado and Wyoming and, within four days, arrested 42 undocumented immigrants. 

“It is our belief that state sanctuary policies [do] not keep the community safe,” John Fabbricatore, the acting director of the Denver ICE field office, said last year, according to KDVR news. 

“We don’t believe deportation is ever the answer to what criminal activity might be going on,” Jordan García, with the Colorado Rapid Response Network, said in response to the raids

In 2017, Denver Mayor Michael Hancock signed a law that stated law officials would not comply with ICE in any capacity. 

The Denver Public Safety Enforcement Priorities Act was first signed unanimously by the Denver City Council, which was then signed by Mayor Hancock. The mandate “bans city officials from asking an arrested individual’s immigration status.”

While some city officials have prohibited the collaboration between local officials and federal agencies, that has not stopped some from working with ICE to arrest undocumented immigrants. 

Last year in September, the Milwaukee Police Department assisted ICE agents in the detainment of a local resident who was undocumented. Even though Milwaukee does not have a Sanctuary policy in place, Police Chief Morales had previously said a year before they would not collaborate with ICE. 

“I promised to bring back the public trust,” Morales said in 2018. “My job is to bring (back) trust from the community and work with them; my job is not to go out and enforce those types of laws.”

Those statements are why people were outraged that local Milwaukee officers assisted ICE in the detainment of an undocumented father. 

“Chief Morales is gonna love to see police collaborating with ICE,” a bystander said last year as he witnessed ICE and local police working together during that arrest. The Mayor of Milwaukee and police stood on the same grounds that police would “not inform federal immigration officials of whereabouts or behavior of any suspect illegal immigrant.” However, that’s only if a person has never been arrested for a serious crime. 

READ: Woman Records Scene Inside Family Car As ICE Pulls Husband Out While Daughters Cry And Scream