Things That Matter

Family Demands To See A Warrant, But ICE Says “You’ve Seen Too Many Movies” And Burst In Anyway

On May 2, a video given to Telemundo shows U.S. Immigration and Customs Enforcement (ICE) officers attempting to enter a residence in National City, California. The front door of the home is secured with a gate. The ICE agents trying to get inside the home are heard asking the residents to open the door.

The video captures residents inside the home demanding that ICE shows them a warrant.

The agents insist that they open the door, but the mother and 11-year-old daughter Jocelyn (who was the one recording the video) demand to be shown a warrant. They tell them “you cannot come in without a warrant.”

One of the agents responds by saying “Ma’am, you’re watching too much movies,” and then says: “We’ll show you the warrant when we’re done.” But the mother requests that they slip the warrant under the door. From the time the video began until the end of the recording, they are never shown a warrant.

ICE entered the home without showing them a warrant and arrested 31-year-old Alberto Alonso Hernández.

According to the American Civil Liberties Union (ACLU), they state on their website that legally ICE agents cannot enter a home without a warrant. “If officers are at your door, keep the door closed and ask if they are Immigration agents, or from ICE. Ask the agents what they are there for.”

“Opening the door does not give the agents permission to come inside, but it is safer to speak to ICE through the door.”

Further more, according to ACLU: “If the agents want to enter, ask them if they have a warrant signed by a judge. If ICE agents do not have a warrant signed by a judge, you may refuse to open the door or let them in. An administrative warrant of removal from immigration authorities is not enough. If they say they have a warrant, ask them to slip the warrant under the door.”

The family in the video did exactly what they were supposed to do. They asked to see the warrant, and even asked them to slip it under the door. ICE agents did not. They said: “we will show you once this is done.”

ACLU also informs, what to do if they enter anyway:

“If agents force their way in anyway, do not attempt to resist. If you wish to exercise your rights, state: ‘I do not consent to your entry or to your search of these premises. I am exercising my right to remain silent. I wish to speak with a lawyer as soon as possible.'”

It’s unclear what happened after ICE entered the home because the recording ended.

In an emailed statement to mitú, ICE said that Alonso-Hernandez is a Mexican national and was taken into ICE custody by officers with the San Diego Enforcement and Removal Operations (ERO) office.

“ERO officers attempted to arrest Mr. Alonso-Hernandez during a vehicle stop near his residence. The suspect fled from the scene and hid inside his house, forcing the officers to obtain a criminal arrest warrant for illegal re-entering the United States. The warrant was issued by a federal judge and Mr. Alonso-Hernandez was taken into custody at his residence several hours later.”

They added that ICE legally obtained and properly executed a federal criminal arrest warrant issued by the U.S. District Court for the Southern District of California. But they didn’t state when the agents actually showed the warrant to the family.

ICE goes on to say that Alonso-Hernandez was targeted for arrest based on his prior criminal and immigration history. ICE records reveal he was convicted for battery of a spouse in 2007,  and has illegally re-entered the United States 16 times since 2003.


READ: Six Children Have Been Orphaned After A Couple Died In A Car Accident While Trying To Flee ICE Officers

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ICE Just Deported A Key Witness in A Sexual Assault Investigation Against Them

Things That Matter

ICE Just Deported A Key Witness in A Sexual Assault Investigation Against Them

According to the Texas Tribune, the key witness in the ongoing sexual assault investigation at an ICE detention center has been deported. She was previously being held at a Customs Enforcement detention center in El Paso, Texas.

While the Department of Homeland Security’s Office of Inspector General initially forbid ICE from deporting her, the office apparently reversed their decision on Monday. According to reports, the office determined that “further interviews could be done over the phone”.

via Getty Images

According to previous reports, the unidentified 35-year-old woman alleged that guards had “forcibly kissed” her and touched her on the private parts.

Documents, which were extensively reported on by ProPublica, described the harassment as a “pattern and practice” at this particular detention center.

The woman also alleges that the guards would attempt to extort sexual favors from her and other detainees when they were returning from the medical unit back to her barrack. One guard allegedly told her that he would help get her released “if she behaved”.

The unnamed woman reported the harrasment to her lawyers who then filed a complaint with the Department of Homeland Security’s Office of Inspector General. The DHS then opened an investigation into the ICE Detention Center in El Paso.

The FBI has, since then, interviewed the woman extensively. According to documents, the woman gave investigators a tour of the facility where she showed them where the alleged harassment took place–in what were identified as security camera “blind spots”.

According to her, the guard told her that if she reported him, “No one would believe her”.

via Getty Images

Since the woman made these accusations, at least two other women at the same detention center came forward with similar claims. One of these women has already been deported.

According to previous reports, the unnamed woman accusing ICE officials of sexual assault was being held at the El Paso detention center for a drug-related crime and illegally entering the country. She claims she initially fled Mexico after a cartel member sexually assaulted and threatened her.

While ICE says that they have “zero tolerance for any form of sexual abuse or assault against individuals in the agency’s custody”, the reality is much bleaker.

According to the advocacy group Freedom for Immigrants, ICE has had 14,700 complaints filed against them between 2010 and 2016 alleging sexual and/or physical abuse.

In the most recent statistics available, ICE reported 374 formal accusations of sexual assault in 2018. Forty-eight of those were substantiated by the agency and 29 were still pending an investigation. According to Freedom for Immigrants, only a fraction of these complaints are investigated by the Office of Inspector General.

The woman’s lawyer, Linda Corchado, has not been shy about expressing her displeasure over her client’s deportation.

“[The government] allowed their most powerful witness to be deported,” Corchado said. “How can we possibly take this investigation seriously now or ever pretend that it ever was from the outset?”

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Behind On Rent, Some Undocumented Residents Are Self-Evicting Rather Than Risking The Legal System

Things That Matter

Behind On Rent, Some Undocumented Residents Are Self-Evicting Rather Than Risking The Legal System

Brandon Bell / Getty Images

Eviction is a terrifying prospect. Even more so amid a global pandemic and economic uncertainty. Imagine losing your house – a place you’ve called home with your family for months or even years. Unfortunately, it’s a reality that millions are facing as the Coronavirus pandemic wreaks havoc on the global economy, millions are plunged into unemployment, and millions more struggle to make ends meet – including the most basic necessity of paying the rent.

Several cities and states have enacted temporary rent freezes or holds on evictions but landlords are still threatening their renters with evictions. Some of the most vulnerable communities – such as undocumented residents – are left feeling hopeless and with no where to turn since they may be afraid to seek legal help and have less access to government-funded resources. As a result, many undocumented residents are choosing to self-evict rather than risk going up against a hostile legal system.

A new report details how many undocumented migrants are choosing to self-evict instead of fighting back.

The Texas Tribune published a feature story on a hard-to-track aspect of the coronavirus pandemic: Undocumented immigrants are “self-evicting” from apartments, even while eviction moratoriums are in place, out of fear of retribution. 

“On paper, an undocumented tenant has the same rights as anyone else during the eviction process,” the report says. “But housing attorneys and tenant and immigration advocates say undocumented immigrants are frequently hesitant to exercise those options. Their fear of the legal system and lack of access to government-funded financial help prompt many to self-evict, or prematurely leave the property.”

In some cases, undocumented immigrants don’t qualify for certain government assistance programs that could help them keep up with rent or remain in their homes, the report says. In other cases, some are afraid to seek assistance because they don’t want to attract attention from immigration officials, according to the report.

Because of that, some undocumented immigrants choose to leave their homes even before a formal eviction is filed, turning to family members and community organizations for emergency housing. Immigrants have also lost their jobs at higher rates during the pandemic than other groups.

The legal system is a hostile one towards undocumented residents and help perpetuate fear in the community.

As the Coronavirus pandemic’s economic effects began to be felt across the country, many renters found temporary relief in eviction moratoriums, federal pandemic relief payments, unemployment checks and rental assistance programs. Undocumented migrants, though, either don’t qualify for such aid or are afraid that merely seeking it will alert immigration authorities to their presence in a country whose president has called some immigrants “animals,” makes racist remarks and consistently tries to create barriers for migrants.

Meanwhile, courthouses are intimidating places. And the mere idea that ICE officials are sometimes present in them (and they have indeed arrested undocumented immigrants who have shown up for court hearings that a unrelated to their immigration status) has left many too fearful to even attempt a legal challenge to a potential eviction.

For some, it’s also a language barrier as not all legal systems provide bilingual services.

In the report, Adriana Godines, of Dallas Area Interfaith, says that “When they want to ask for help from a nonprofit, and the staff only speaks English, they feel intimidated and don’t want to go on.” She adds “Even if I tell them that there will be no problem and they won’t ask for your Social Security, they prefer not to [ask for help].”

And even people who go to the justice of the peace courts, where eviction cases are heard, face similar hurdles.

“A lot of JP courts won’t have bilingual speakers,” said Lizbeth Parra-Davila, a housing fellow at the University of Texas School of Law. “Throughout Texas, that has been the case where I’ll call JP courts and they’ll say, ‘Yeah, we don’t have any Spanish speakers. We don’t have any Spanish interpreters.”

However, there are resources out there for undocumented residents facing evictions.

Credit: Bebeto Matthews / Getty Images

States from California to Connecticut have implemented varying degrees of aide to undocumented immigrants within their states. In Connecticut for example, the state has issued a $1 million fund aimed at supporting immigrants with rent payments. In California, the state is working to make unemployment benefits available to undocumented residents, which would go a long way in helping people pay their rent. The state has also launched a fund that provides up to $1,000 in financial assistance to undocumented residents in the state. You can learn more here.

NAKASEC’s Emergency Mutual Aid Fund will provide up to $500 in financial assistance, you can find the application here.

There are many other programs available to the community in states all across the country. Several resources are detailed further at InformedImmigrant.com.

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