The ACLU of Tennessee filed a lawsuit this week in federal court on behalf of fifteen residents of an apartment complex in Nashville, TN who say they were targets of an unlawful immigration raid. The defendants allege that ICE agents and Metro Nashville police officers forced their way into their homes without warrants. When residents asked the officers to show a warrant, one agent reportedly said, “We don’t need a warrant, we’re ICE.” Then, gesturing to his genitals, the officer reportedly said “the warrant is coming out of my balls.”
The ACLU notes on its website that the Fourth Amendment strictly prohibits warrantless intrusions into private homes — and it applies to both citizens and non-citizens. “In the absence of a judicially authorized warrant, there must be voluntary and knowing consent; ICE officers forcing themselves into someone’s home does not constitute consent.”
“Looking Latino and speaking Spanish is not enough to justify probable cause for questioning and arresting a person” Lindsay Kee, from the ACLU of Tennessee writes in a blog post.
The ACLU’s “Blog of Rights” provides more details of the events:
On the night of October 20, 2010, Angel Escobar and Jorge Sarmiento were in bed in their small, two-bedroom apartment in the Clairmont complex in Nashville. The doors and windows were all shut and locked. Suddenly there was a loud banging at the door and voices shouting “Police!” and “Policia!” When no one answered, the agents tried to force the door open. Scared, Jesus hid in a closet. Immigration and Customs Enforcement (ICE) agents began hitting objects against the bedroom windows, trying to break in. Without a search warrant and without consent, the ICE agents eventually knocked in the front door and shattered a window, shouting racial slurs and storming into the bedrooms, holding guns to their heads. When asked if they had a warrant, one agent reportedly said, “We don’t need a warrant, we’re ICE,” and, gesturing to his genitals, “the warrant is coming out of my balls.”
The raids in Nashville aren’t isolated incidents. Similar claims have been filed in recent years following raids on immigrant homes in New Jersey, New York, Connecticut, Georgia and Northern California.
In 2008, a lawsuit brought by lawyers at the Center for Social Justice at Seton Hall Law School in Newark found ICE agents systematically entered homes and made arrests without proper warrants during raids to round up “immigration fugitives” in New Jersey.
In both the Nashville and Newark cases, U.S. citizens were detained. In the Newark case, one plaintiff in the lawsuit, Maria Argueta — who’s been a legal immigrant since 2001 — was detained and held for 36 hours, according to the New York Times. ICE agents entered her home by telling her they were police officers searching for a “wanted criminal.”
Reprinted with permission of Colorlines.com.
Sign up to receive Colorlines Direct, a weekly email digest of key stories on Colorlines.com. You'll get award-winning news from our multi-racial team of writers covering hot topics and a broad range of issues from a racial justice perspective.
Truthout Is Preparing to Meet Trump’s Agenda With Resistance at Every Turn
Dear Truthout Community,
If you feel rage, despondency, confusion and deep fear today, you are not alone. We’re feeling it too. We are heartsick. Facing down Trump’s fascist agenda, we are desperately worried about the most vulnerable people among us, including our loved ones and everyone in the Truthout community, and our minds are racing a million miles a minute to try to map out all that needs to be done.
We must give ourselves space to grieve and feel our fear, feel our rage, and keep in the forefront of our mind the stark truth that millions of real human lives are on the line. And simultaneously, we’ve got to get to work, take stock of our resources, and prepare to throw ourselves full force into the movement.
Journalism is a linchpin of that movement. Even as we are reeling, we’re summoning up all the energy we can to face down what’s coming, because we know that one of the sharpest weapons against fascism is publishing the truth.
There are many terrifying planks to the Trump agenda, and we plan to devote ourselves to reporting thoroughly on each one and, crucially, covering the movements resisting them. We also recognize that Trump is a dire threat to journalism itself, and that we must take this seriously from the outset.
Last week, the four of us sat down to have some hard but necessary conversations about Truthout under a Trump presidency. How would we defend our publication from an avalanche of far right lawsuits that seek to bankrupt us? How would we keep our reporters safe if they need to cover outbreaks of political violence, or if they are targeted by authorities? How will we urgently produce the practical analysis, tools and movement coverage that you need right now — breaking through our normal routines to meet a terrifying moment in ways that best serve you?
It will be a tough, scary four years to produce social justice-driven journalism. We need to deliver news, strategy, liberatory ideas, tools and movement-sparking solutions with a force that we never have had to before. And at the same time, we desperately need to protect our ability to do so.
We know this is such a painful moment and donations may understandably be the last thing on your mind. But we must ask for your support, which is needed in a new and urgent way.
We promise we will kick into an even higher gear to give you truthful news that cuts against the disinformation and vitriol and hate and violence. We promise to publish analyses that will serve the needs of the movements we all rely on to survive the next four years, and even build for the future. We promise to be responsive, to recognize you as members of our community with a vital stake and voice in this work.
Please dig deep if you can, but a donation of any amount will be a truly meaningful and tangible action in this cataclysmic historical moment. We are presently looking for 231 new monthly donors in the next 2 days.
We’re with you. Let’s do all we can to move forward together.
With love, rage, and solidarity,
Maya, Negin, Saima, and Ziggy