Latino War Veteran Files $1 Million Lawsuit Against ICE After Being Detained With American Passport In Possession
The American Civil Liberties Union (ACLU) and lawyers for Jilmar Ramos-Gomez have filed a $1 million lawsuit against the U.S. Immigration and Customs Enforcement (ICE) and the U.S. Department of Homeland Security (DHS). The lawsuit claims that the agencies acted in a racist manner when unlawfully detaining Ramos-Gomez, a Latino-American war veteran who had his American passport on his person at the time of his arrest. Last week, Michigan-born Ramos-Gomez won a $190k settlement against the City of Grand Rapids after its City Commission voted unanimously to pay the former marine after Grand Rapids Captain Curt VanderKooi invited an ICE officer to “please check his status.” Ramos-Gomez was then detained in ICE custody for three days, even though police body camera footage shows his American passport in the hands of the law enforcement that transferred him to ICE custody.
The new lawsuit seeks data and policies on all wrongfully detained people and policies and procedures regarding people with mental health issues or disabilities.
Jilmar Ramos-Gomez suffers from PTSD after serving in Afghanistan.
Ramos-Gomez has received numerous medals for his service, which he served between October 2011 to August 2014 in Afghanistan. Often, Ramos-Gomez will ‘come to’ without having any recollection of what happened. During those PTSD episodes, he acts erratically. In November 2018, Ramos-Gomez allegedly set a small fire at a hospital, pulled a fire alarm and was found on the hospital’s helipad during one of those PTSD episodes. He was promptly arrested and pled guilty to a misdemeanor trespassing charge. Later, off-duty Cpt. VanderKooi saw his face on the local news and emailed an ICE officer, asking him to “please check his status.” When Ramos-Gomez was released from jail, he was transferred into the custody of ICE.
“Jilmar Ramos-Gomez fought and served our country selflessly, yet ICE tried to deport this hometown hero and blatantly disregarded his citizenship, service, and mental health challenges,” said Miriam Aukerman, senior staff attorney for the ACLU of Michigan. “Mr. Ramos-Gomez and the public deserve to know why the United States government abused its own citizen and veteran, and how many others have suffered in the same way.”
The ACLU is alleging that ICE detained and tried to deport Ramos-Gomez, even though they had documentation that proved his veteran and citizenship status.
The ACLU obtained body camera footage from the arresting officer that shows Ramos-Gomez’s United States passport in his hands. Later, footage proves that the passport was key in identifying Ramos-Gomez. One officer asked if he had been identified, to which the officer responds, “His passport is down there.” Ramos-Gomez was detained in an ICE detention facility from Dec. 14 to 17 last year.
“This is flagrant racial discrimination against a United States citizen and decorated combat veteran simply because of the color of his skin,” said Anand Swaminathan, ACLU cooperating attorney and partner at the Chicago law firm Loevy & Loevy. “Ramos-Gomez’s own government ignored his irrefutable proof of citizenship, and cruelly detained him because of his Latinx background.”
What’s worse, Cpt. VanderKooi mocked Ramos-Gomez’s mental illness in an email chain obtained by the ACLU.
CREDIT: ACLU OF MICHIGAN
This wasn’t simply a human error. Cpt. VanderKooi forwarded the email chain to the detective assigned to Ramos-Gomez’s trespassing charge, but changed the subject line to read “Spectrum Helicopter Pad Loco,” according to documents obtained by the ACLU, mocking the veteran’s PTSD as “loco” or “crazy.” “It is not clear what mad intent was involved in this breach of hospital security but here is the report,” Cpt. VanderKooi added in the email. Another police officer forwarded the chain to a prosecutor, who replied, “I am confused. Didn’t his property have a U.S. Passport in it? And he was a veteran?!” The officer simply responded, “Who knows, not sure it was a US passport. … I am not sure about the vet thing.”
The information was there, but it seems the intent to discover the truth was less than the intent to deport this man.
Since ICE tried to deport Ramos-Gomez, he “rarely leaves his home.”
According to the ACLU, Ramos-Gomez’s mental health “severely deteriorated” while he was in ICE custody. He and his fellow detainees were “mistreated and ridiculed,” and Ramos-Gomez was hospitalized shortly after his release from custody. It’s been exactly one year to the day since that fateful day Cpt. VanderKooi saw a Latino man’s face on the local news and invited ICE to investigate. According to the ACLU, Ramos-Gomez “now rarely leaves his home or spends time in his community.”