“It’s clear that this was a coordinated operation intended to sweep up as many people as possible, not based on any individualized reason, but based on their apparent race, ethnicity or occupation; arrest them and expel as many of them from the country as possible, regardless of whether they knew their rights or the consequences,” said ACLU of Northern California attorney Bree Bernwanger.
The American Civil Liberties Union has filed a lawsuit alleging that a three-day Border Patrol raid in California was a “fishing expedition” that targeted low-income people of color.
According to The Los Angeles Times, the lawsuit was filled on Wednesday in U.S. District Court for the Eastern District of California. The plaintiffs include United Farm Workers and five Kern County, California, residents.
Attorneys say that Border Patrol agents from the “El Centro” sector violated the law and U.S. Constitution by detaining and deporting laborers without authorization. The lawsuit seeks class-action certification for everyone affected by “lawless sweeps, indiscriminate arrests, and coercive expulsions.”
“It’s clear that this was a coordinated operation intended to sweep up as many people as possible, not based on any individualized reason, but based on their apparent race, ethnicity or occupation; arrest them and expel as many of them from the country as possible, regardless of whether they knew their rights or the consequences,” said ACLU of Northern California attorney Bree Bernwanger.
The lawsuit relays several incidents detailing the alleged mistreatment of immigrants. Wilder Munguia Esquivel, a 38-year-old Bakersfield man, said that he was standing outside a Home Depot in January when Border Patrol agents arrived in unmarked cars and began demanding to see people’s immigration papers.
Munguia Esquivel backed away, but he was nonetheless taken into custody.
Attorneys say that, after restraining him, Border Patrol agents conducted a search of Munguia Esquivel’s wallet.
“At no point did the Border Patrol agent identify himself, explain to Mr. Munguia Esquivel why he had stopped him, explain why he arrested him, or produce a warrant,” the lawsuit alleges. “At no point did he ask Mr. Munguia Esquivel about his family, employment or community ties, or undertake any evaluation of whether he posed a flight risk.”
Munguia Esquivel, who is a plaintiff in the lawsuit, was transported to “El Centro” before eventually being released. However, many other immigrants taken to El Centro were purportedly pressured into signing voluntary deportation agreements. In some cases, Border Patrol allegedly coerced detainees by depriving them of access to adequate sleeping facilities, showers, and family members.
The American Civil Liberties Union is asking the court to order Border Patrol and its parent agencies to conduct operations in strict compliance with the U.S. Constitution and federal statutes.
“Without court intervention, we have every reason to expect that Operation Return to Sender was just the first example of what we will continue to see from Border Patrol,” Bernwanger said.
Sources
Border Patrol sued for tactics used in Kern County immigration raid
Immigration raids rattled Kern County. Now, the ACLU is suing over alleged abuses
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