Lawsuit Against ICE for Detaining US Citizens

June 25, 2008

During ICE raids of workplaces, ICE has been detaining U.S. citizens who work alongside alleged undocumented workers. A few weeks ago, I spoke with U.S. citizens detained in the Greeley, Colorado Swift plant raids last year who were detained for hours. One was a Korean war veteran who was very upset about how the country he went to war for treated him that way. Emily Bazar reports on lawsuits filed on behalf of other such citizens in USA Today:

Nitin Dhopade, the chief financial officer for Micro Solutions Enterprises, was headed toward the accounting department on the afternoon of Feb. 7 to deliver checks he had just signed. Suddenly, he says, he encountered armed men and women wearing bulletproof vests and uniforms branded with “ICE,” which stands for U.S. Immigration and Customs Enforcement.

Dhopade, 47, says he and 30 other administrative workers for the Van Nuys, Calif., company, which recycles used toner and ink cartridges, were marched down a stairwell lined by officers. The workers were ordered against a wall and told not to touch anything or use their cellphones. “There was no way you could leave. You were definitely detained,” he says. “None of us were in handcuffs, but there was no way you could say ‘I’m leaving.’ “

That marked the beginning of a surprise raid that would result in the arrests of 138 suspected illegal immigrants, about one-fifth of MSE’s workforce. Also swept up in the same raid were more than 100 U.S. citizens and legal residents, including Dhopade, a naturalized U.S. citizen from India. They say they were illegally detained at the factory for an hour when ICE agents blocked the doors and interrogated them, forbidding them to leave or go to the bathroom without an escort.

Whether their brief detention was a mere inconvenience or a flagrant violation of their constitutional rights is the subject of a growing debate that seems likely to be resolved in federal court. Immigration officials, charged with enforcing the law against the estimated 12 million undocumented foreigners in the USA, are mounting more raids at slaughterhouses, restaurants and factories.

Dhopade says he was a victim of racial profiling by ICE. An ICE agent questioned him about his immigration status and his ability to speak English “because of my skin color,” he says. “None of the white folks in the office … that I know of were asked for proof of citizenship. To be asked for proof of citizenship, in this country, it’s an insult. This is the United States of America. This country does not require that.”.

In April, the Center for Human Rights & Constitutional Law, a public interest law firm here, filed claims for damages on behalf of 114 MSE employees, all citizens or legal permanent residents, also called green-card holders. The claims allege that they were subjected to “false imprisonment” and “detention without justification” and seek $5,000 each in damages from the federal government.

The lawsuits and claims against the government are part of a strategy by immigration lawyers to halt or change workplace raids. Peter Schey, president and executive director of the center, acknowledges that “we’re hoping the prospect of thousands of U.S. citizens over time filing claims for damages against the United States government might cause (ICE) to reconsider how these raids are conducted.” Click here for the full story.