Less than a day later, a U.S. Immigration and Customs Enforcement supervisor ordered the plaintiff’s release, realizing that he was a documented immigrant with every right to reside and work in the United States.
The American Civil Liberties Union has filed a lawsuit on behalf of the residents of Washington, D.C., claiming that the federal government and its immigration enforcement agencies are actively discriminating against, and illegally arresting, people believed to be Latino.
Attorneys for the ACLU said that the arrests began when President Donald Trump declared an unprecedented “crime emergency” in the nation’s capital. In court documents, the organization noted that, for the past month and a half, masked federal agents have indiscriminately arrested District residents perceived by Latino. More often than not, the lawsuit alleges, these arrests were undertaken without probable cause or legal warrants.
“The crux of our case is to stop the government from making unlawful immigration arrests in D.C.,” said Aditi Shah, a staff attorney for the American Civil Liberties Union of D.C. “What we are really concerned about is the rise in these mass immigration arrests where the requirements, under the law, in order to make these arrests are not being followed.”
The lawsuit names defendants including the U.S. Department of Justice, Attorney General Pam Bondi, U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, U.S. Border Patrol, the Drug Enforcement Administration, and the leadership of these same agencies.
“We’re challenging the policy and practice of making arrests without a warrant and the probable cause findings that are required by Congress,” Shah said.
The ACLU’s complaint reiterates a common concern: that the Trump administration is actively and knowingly circumventing U.S. law by moving detainees to facilities far from their homes, hindering their ability to contact family members and connect with attorneys.
The lawsuit was filed as a class action on behalf of several individual plaintiffs.
One of the lead plaintiffs named in the complaint is Jose Escobar Molina, a 47-year-old man originally from El Salvador who has lived in the District for more than 25 years. Molina has, or had, Temporary Protected Status, an immigration designation offered to certain persons displaced from their home countries due to natural catastrophes, civil unrest, and other disasters.
On about August 21 of this year, Molina woke up for work and was walking from his apartment to a parked vehicle when two vehicles boxed him in. He was then handcuffed and arrested by plainclothes agents, who transported him to a holding center in Chantilly, Virginia.
Less than a day later, a U.S. Immigration and Customs Enforcement supervisor ordered his release, realizing that Molina is a documented immigrant with every right to reside and work in the United States.
‘That really matters to people who live and work in D.C., and who feel afraid of getting arbitrarily and unlawfully arrested,” Shah said.
Sources
ACLU files lawsuit against Department of Homeland Security on behalf of DC residents
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