[migrawatch-public] [Fwd: [watsonvillebrownberets] Lawsuit Seeks Documents Regarding ICE Raids]

For Immediate Release

June 2, 2008

Contact: Rebecca Farmer, ACLU of Northern CA, 415.621.2493; rfarmer@aclunc.org

 

Lawsuit Seeks Documents Regarding ICE Raids

Federal Immigration Agency Has Failed to Comply with FOIA Request

 from March 2007  

 

 

SAN FRANCISCO - The ACLU of Northern California (ACLU-NC) and the Lawyers' Committee for Civil Rights (LCCR) today filed a lawsuit to compel Immigration and Customs Enforcement (ICE) to comply with requests for documents under the federal Freedom of Information Act (FOIA).  The FOIA requests stem from concerns over alleged violations of law and due process during immigration raids undertaken in Northern California since May 2006.  The civil rights organizations seek documents that would shed light on policies and practices underlying ICE agents' conduct during the immigration raids.  The law firm of Orrick, Herrington & Sutcliffe LLP is serving as pro bono counsel for the plaintiffs, along with attorneys from the ACLU-NC, LCCR and the ACLU Immigrants' Rights Project.

 

The ACLU-NC, LCCR, and the San Francisco Bay Guardian first requested documents from ICE in March 2006, during an active period of residential immigration raids in the San Francisco Bay Area.  Despite repeated assurances from ICE staff, the agency has failed to provide any records in response to the request.

 

The ICE raids and their lingering impact on communities in the region have commanded significant attention from the media, community organizations, schools, and lawmakers. Abusive practices reported in connection with the raids include the misuse of warrants, illegal entries and  searches, inappropriate practices related to children and schools,  misrepresentation of ICE agents as local police officers, abusive treatment, violations of due process and racial profiling - the broad targeting of entire communities for interrogation and detention.

 

"Do ICE policies accord with the Constitution and other federal laws? Are ICE agents complying with ICE policies?  We are seeking access to government records so that we can evaluate whether ICE is routinely breaking laws that protect civil rights," said ACLU attorney Julia Harumi Mass.   

 

FOIA was established to promote open government, prevent the entrenchment of secret government practices, and permit public scrutiny of governmental action that is of widespread concern.  "No federal agency should be allowed to demonstrate such a blatant disregard of its obligation to make records available to the public under FOIA, particularly given the widespread  allegations of civil rights abuses in connection with the ICE raids," explained pro bono counsel Rocky Tsai of Orrick, Herrington & Sutcliffe LLP. 

 

The lawsuit, filed in the U.S. District Court in San Francisco, seeks to compel ICE to release 13 classes of documents, including financial records related to the costs of the raids, communications between ICE and local law enforcement regarding the enforcement actions, statistics pertaining to the scope and results of the raids, and documents pertaining to potentially abusive practices.  These alleged abuses include racial profiling, questioning children and conducting raids near schools, entering residences without a warrant, and misidentifying ICE agents as local police officers.

 

In late 2006, ICE implemented "Operation Return to Sender" in Northern California. Homeland Security Secretary Michael Chertoff and other officials claimed that the campaign was aimed at capturing "fugitive aliens," with the highest priority given to apprehending individuals who pose a threat to national security or the community and whose criminal records include violent crimes.  In looking closely at available data, ACLU-NC found that 94% of those arrested by the San Francisco Fugitive Operations Team between January 1 and March 31, 2007 did not fit within the category of "criminal fugitives," and the majority was not subject to outstanding deportation orders.

 

The lawsuit, American Civil Liberties Union of Northern California and Lawyers' Committee for Civil Rights of the San Francisco Bay Area vs. U.S. Immigration and Customs Enforcement, N.D. Cal. Case No. CV 08 2744, seeks disclosure of records sought in the plaintiffs' March 2007 FOIA request pertaining to all civil immigration enforcement actions conducted by ICE in Alameda, Contra Costa, Fresno, Marin, Napa, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz, Solano, Sonoma, and Tulare Counties since May 2006. 

 

###

For interviews in English or Spanish, please contact
 Rebecca Farmer at 415.621.2493 or rfarmer@aclunc.org.

Skyler Porras

 

' It may not be your fault that you are down, but it is your duty to get back up.'  - unknown

For Immediate Release
June 2, 2008
Contact: Rebecca Farmer, ACLU of Northern CA, 415.621.2493;
rfarmer@aclunc.org

Lawsuit Seeks Documents Regarding ICE Raids
Federal Immigration Agency Has Failed to Comply with FOIA Request
from March 2007

SAN FRANCISCO - The ACLU of Northern California (ACLU-NC) and the Lawyers'
Committee for Civil Rights (LCCR) today filed a lawsuit to compel
Immigration and Customs Enforcement (ICE) to comply with requests for
documents under the federal Freedom of Information Act (FOIA). The FOIA
requests stem from concerns over alleged violations of law and due process
during immigration raids undertaken in Northern California since May 2006.
The civil rights organizations seek documents that would shed light on
policies and practices underlying ICE agents' conduct during the
immigration raids. The law firm of Orrick, Herrington & Sutcliffe LLP is
serving as pro bono counsel for the plaintiffs, along with attorneys from
the ACLU-NC, LCCR and the ACLU Immigrants' Rights Project.

The ACLU-NC, LCCR, and the San Francisco Bay Guardian first requested
documents from ICE in March 2006, during an active period of residential
immigration raids in the San Francisco Bay Area. Despite repeated
assurances from ICE staff, the agency has failed to provide any records in
response to the request.

The ICE raids and their lingering impact on communities in the region have
commanded significant attention from the media, community organizations,
schools, and lawmakers. Abusive practices reported in connection with the
raids include the misuse of warrants, illegal entries and searches,
inappropriate practices related to children and schools,
misrepresentation of ICE agents as local police officers, abusive
treatment, violations of due process and racial profiling - the broad
targeting of entire communities for interrogation and detention.

"Do ICE policies accord with the Constitution and other federal laws? Are
ICE agents complying with ICE policies? We are seeking access to
government records so that we can evaluate whether ICE is routinely
breaking laws that protect civil rights," said ACLU attorney Julia Harumi
Mass.

FOIA was established to promote open government, prevent the entrenchment
of secret government practices, and permit public scrutiny of governmental
action that is of widespread concern. "No federal agency should be
allowed to demonstrate such a blatant disregard of its obligation to make
records available to the public under FOIA, particularly given the
widespread allegations of civil rights abuses in connection with the ICE
raids," explained pro bono counsel Rocky Tsai of Orrick, Herrington &
Sutcliffe LLP.

The lawsuit, filed in the U.S. District Court in San Francisco, seeks to
compel ICE to release 13 classes of documents, including financial records
related to the costs of the raids, communications between ICE and local
law enforcement regarding the enforcement actions, statistics pertaining
to the scope and results of the raids, and documents pertaining to
potentially abusive practices. These alleged abuses include racial
profiling, questioning children and conducting raids near schools,
entering residences without a warrant, and misidentifying ICE agents as
local police officers.

In late 2006, ICE implemented "Operation Return to Sender" in Northern
California. Homeland Security Secretary Michael Chertoff and other
officials claimed that the campaign was aimed at capturing "fugitive
aliens," with the highest priority given to apprehending individuals who
pose a threat to national security or the community and whose criminal
records include violent crimes. In looking closely at available data,
ACLU-NC found that 94% of those arrested by the San Francisco Fugitive
Operations Team between January 1 and March 31, 2007 did not fit within
the category of "criminal fugitives," and the majority was not subject to
outstanding deportation orders.

The lawsuit, American Civil Liberties Union of Northern California and
Lawyers' Committee for Civil Rights of the San Francisco Bay Area vs. U.S.
Immigration and Customs Enforcement, N.D. Cal. Case No. CV 08 2744, seeks
disclosure of records sought in the plaintiffs' March 2007 FOIA request
pertaining to all civil immigration enforcement actions conducted by ICE
in Alameda, Contra Costa, Fresno, Marin, Napa, San Benito, San Francisco,
San Mateo, Santa Clara, Santa Cruz, Solano, Sonoma, and Tulare Counties
since May 2006.

###
For interviews in English or Spanish, please contact Rebecca Farmer at
415.621.2493 or rfarmer@aclunc.org.

Skyler Porras

' It may not be your fault that you are down, but it is your duty to get
back up.' - unknown

--
pimp the system.