mexmigration: History and Politics of Mexican Immigration: ACLU ...

MICHIGAN LAWSUIT FOCUSES ATTENTION ON VIOLENT ILLEGAL ACTIONS BY LAW ENFORCEMENT

Moderator?s Note: As we continue to focus attention on the rampant violence perpetrated by law enforcement officers against immigrants we are sharing this important news release from the American Civil Liberties Union (ACLU) of Michigan, which has just sued federal immigration officials for human rights abuses of a legal immigrant and a citizen relative. The case involves charges of assault and unlawful detention against officers of Immigration and Customs Enforcement (ICE) for the mistreatment and abuse of a legal permanent resident and a U.S. citizen that were profiled as ?illegal? aliens.?

As we conduct deeper research into this type of structural violence that accompanies the widening state of exception applied to Mexican and other Latina/o origin immigrants, we are finding that the number of such incidents is a serious threat to civil liberties, peaceful co-existence between the U.S. and Mexico, and the quest for a just and equitable immigration policy that addresses the needs of the growing numbers of victims of police state violence on both sides of the border. We are finding that these cases are much more common than we realize and that the majority go unreported for long periods due to police efforts to obscure or cover-up these crimes against humanity.

The United States has complained about its removal from the United Nations Commission on Human Rights (UNCHR). It is our view that our country does not deserve such an honorable position until it earns the right to be a voice for human rights within its own borders. That right will be earned when our nation takes a hard honest look at and serious steps toward ending state violence against immigrants. It is time for the us to demand that the Department of Justice start prosecuting ICE, Border Patrol, and any other law enforcement agents guilty of murder, assault, rape, and other thug-like acts of hateful violence against unarmed innocent people who are only guilty of seeking work to survive or reunifying with their families.GRAND RAPIDS, Mich. ? The American Civil Liberties Union of Michigan and the Michigan Immigrant Rights Center filed a federal lawsuit today on behalf of a U.S. citizen and his mother, a legal permanent resident, who were illegally handcuffed and assaulted by U.S. Immigration and Customs Enforcement (ICE) agents last year even though they produced driver?s licenses to prove their identities.

?Fairness and equality are the most fundamental values we share as Americans. There's nothing fair or equal about arresting citizens and trampling on their rights because of the color of their skin or their ethnicity,? said Miriam Aukerman, ACLU of Michigan staff attorney. ?It is clear that if this mother and son were not Latino, they would not have been handcuffed, assaulted and detained. Not only is this type of racial profiling illegal, but it is counterproductive and erodes community trust.?

Telma Valdez has lived in the United States for 22 years and is a legal permanent resident. ?Her son, Luis Valdez, was born in the U.S. and is a college student at Grand Rapids Community College. On February 23, 2011, Telma and Luis drove to the home of relatives to allow their 6-year-old cousin to play with Luis? new puppy. As they pulled the car into the driveway, ICE agents ran toward them. An agent pointed a gun at Luis and demanded identification. Both Luis and Telma produced their valid driver?s licenses and ICE agents ordered them to get out of the car.

Telma was handcuffed and taken to the back of the car where an agent held a gun to her back and repeatedly hit her head into the trunk of the car, yelling at her to admit she was ?Irma.? Telma screamed out in pain and fear, begging the agent to stop. Luis was handcuffed, and both Luis and Telma were forced into an apartment.

Inside the apartment, Luis and Telma again tried to explain that he was a U.S. citizen and she was a legal permanent resident. ?Eventually, the agents realized what they had done. ?The agents released the Valdezes, but not before one agent threatened Telma that she risked losing her legal status if tried to do anything about what happened. The agents then pushed both Telma and Luis out of the apartment. While Luis was able to catch himself, Telma hit a handrail and sustained injuries to her stomach.

?Being born in the U.S., I?ve always felt like a true American. This has always been my home. But most importantly, I always believed I was equal to every other American,? said Luis. ?I never imagined that, just because of my skin color, I would end up in handcuffs and treated like a second-class citizen.?

In their 10-page lawsuit, the ACLU and MIRC asked the U.S. District Court for the Western District of Michigan to declare that the ICE agents violated the Valdezes? Fourth Amendment right against unreasonable search and seizure and their Fifth Amendment right to equal protection under the law. The Valdezes also accused the ICE agents of assault and battery, intentional infliction of emotional distress and false arrest and imprisonment.?From Arizona to Michigan, the stories of racial profiling, intimidation and illegal detention are proof that what happened to Luis and Telma is not unique,? said Susan Reed, lead attorney with MIRC. ?Just this week, the U.S. Senate heard testimony in its first hearing on racial profiling in more than a decade. The message was clear ? it?s time we end such practices and hold law enforcement agencies that use these tactics accountable.?In addition to Aukerman and Reed, Luis and Telma are represented by Michael J. Steinberg of the ACLU of Michigan, ACLU Cooperating Attorney Rhett Pinsky, and Maura Hagen, MIRC staff attorney and Equal Justice Works AmeriCorps Legal Fellow.Key News and Documents

? Video | Facing Reality: Luis's Story of ICE Abuse & Racial Profiling<http://www.aclumich.org/node/1703>? Document | Read our legal complaint <http://www.aclumich.org/sites/default/files/ValdezComplaint.pdf>? Past News | ACLU Seeks ICE Records on Detention of U.S. Citizen and Legal Permanent Resident
<http://www.aclumich.org/issues/immigrant-rights/2011-05/1562>

? Take Action | Tell Congress to Pass the End Racial Profiling Act<https://secure.aclu.org/site/Advocacy?cmd=display&page=UserAction&id=4349&s_subsrc=120416_ERPA_bor>? More Info | Know Your Rights When Encountering the Police, Immigration or the FBI<http://www.aclumich.org/blog/2010-06-30/know-your-rights-what-happens-arizona-stops-arizona>? More Info | Immigration Law Reform<http://www.aclumich.org/issues/immigrant-rights>

Learn more about issues you care about and take action: become a member<https://secure.aclu.org/site/Donation2?3300.donation=form1&df_id=3300&s_src=UAW0000MI000>, subscribe to our email action alerts<https://secure.aclu.org/site/SPageNavigator/MI_email_signup>, follow us on Twitter<http://twitter.com/ACLUofMichigan>, and like us on Facebook<http://facebook.com/ACLUofMichigan

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