LOS ANGELES – A Latino civil rights organization is taking a first step toward a civil lawsuit and asking the federal government to pay damages of $1 million to a United States citizen who was assaulted and unlawfully detained by federal immigration officers in front of a Home Depot.
MALDEF (Mexican American Legal Defense and Educational Fund) represents Job Garcia, of Los Angeles, in a claim submitted to Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (Border Patrol) and other Department of Homeland Security agencies, under the Federal Tort Claims Act (FTCA) Tuesday. The FTCA allows individuals to sue the federal government for wrongful acts committed by government employees in the course of their duties. In the FTCA notification, attorneys argue that Border Patrol agents and ICE unlawfully restrained and detained Garcia “without any valid grounds for interfering with his liberty and freedom of movement.” As a result, attorneys say Garcia suffered economic losses and personal injury. The claim is a required administrative step Garcia must take before filing a lawsuit against Border Patrol and ICE.
“When government engages in widespread violation of individual rights with respect to immigrants without status, the harm inevitably spills over and spreads to others; that is why we must insist, as a society, on respect for the rights of everyone,” said Thomas A. Saenz, MALDEF president and general counsel. “Here, a citizen, acting in the best traditions of our democracy, was engaged in documenting government misconduct to encourage policy change; he was wrongfully arrested and detained because of his race and his heroic efforts.”
On June 19, Garcia, 37, was filming U.S. Customs and Border Patrol and Immigration and Customs Enforcement (ICE) agents during a raid in the parking lot of the home improvement retailer in Hollywood when he was tackled and thrown to the ground. He was arrested and held for more than 24 hours. The video of the raid and Garcia’s arrest went viral.
Garcia, a photographer and doctoral candidate at Claremont Graduate University, was at the Home Depot doing delivery work when the ICE raid began. As people began to scatter, Garcia and others shouted to the masked agents that they needed a warrant to arrest people. According to Garcia, none of the agents presented a warrant. Garcia pulled out his phone and began recording the scene. Amid the chaos, he saw a group of agents surround a truck with a driver sitting inside. The crowd, including Garcia, warned the driver not to open the door or lower the window. The video shows one of the agents breaking the truck’s window, sending glass flying. Garcia and the rest of the crowd shouted their disapproval at the agents. From a distance, Garcia kept recording. All of a sudden, one of the agents lunged at Garcia and tried to take his phone even though Garcia moved backward, away from the agents. A few other agents tackled him to the ground, placed him on his stomach, and restrained him. Some of the agents knelt on Garcia’s back and neck as they handcuffed him. One masked agent took his phone and put it in his pocket. Garcia said that at no time did the agents warn him to move away or to stop recording before his arrest.
“Border Patrol and ICE punished Job Garcia simply for exercising his right to record a discriminatory immigration raid at Home Depot,” said Ernest Herrera, MALDEF Western Regional Counsel. “The Trump Administration must be stopped in its campaign of terror against those who disagree with mass deportations.”
After being restrained, Garcia was placed in the back of a dark SUV where an agent began interrogating him in Spanish. The agent, Garcia said, seemed surprised when he answered in English and continued to speak to Garcia in Spanish. As he was being transferred to another agent, he heard the first agent tell his colleague “I got another one.” Garcia asked, “Another what?” understanding the comment to be racially charged. Garcia, still in handcuffs, was then taken in a van to Dodger Stadium with other men who had been arrested that afternoon. Once there, he was taken out of the van and placed on a curb. Although agents confirmed Garcia was a U.S. citizen with no criminal warrants or information to suspect he had committed a crime, they continued to hold him. During this time, Garcia said he heard the agents boasting about how many “bodies” they had gotten that day and saw them celebrate their success with high-fives.
Eventually, Garcia was taken to the federal Metropolitan Detention Center (MDC) in downtown Los Angeles. During his stay in detention, ICE agents and corrections officers attempted to question Garcia without re-stating his rights. Garcia refused interrogation each time. The next day, Garcia was released without arraignment or any information regarding a future court date.
“Border Patrol and ICE punished me for informing others of their rights and for exercising my own rights,” Job Garcia said. “I thank my family and community for their support as I continue the struggle for justice.”
According to the FTCA submission, federal agents confined Garcia without legal authority and arrested him without probable cause. The agents’ actions were racially motivated and were retaliation for Garcia’s recording them on his phone, attorneys argue. Additionally, the claim alleges that Border Patrol and ICE agents potentially violated rights protected by the U.S. Constitution, including the right to free speech, the right to remain silent, the right to be free from unreasonable search and seizure, and the right to due process under the First, Fourth, and Fifth Amendments.
Read the FTCA letter HERE.