ACLU Files Suit Against ICE for Alleged Warrantless Searches – NBC Los Angeles

on Apr16
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Immigrant rights advocates Thursday filed suit in Los Angeles seeking to stop ICE agents from allegedly conducting warrantless searches by impersonating local law enforcement.

The proposed class-action suit was filed by the ACLU on behalf of Osny Sorto-Vasquez Kidd, a Hacienda Heights man and recipient of Deferred Action for Childhood Arrivals, and two community organizations who contend that ICE officers routinely wear uniforms labeled “police” and identify themselves as federal immigration officers only after making an arrest, according to the suit.

A U.S. Immigration and Customs Enforcement representative did not immediately respond to a request for comment.

The plaintiffs allege in federal court that ICE officers also “routinely trespass on community members’ porches and other private areas surrounding their homes … without permission or a judicial warrant,” the suit states.

According to the American Civil Liberties Union Foundation of Southern California, Kidd was arrested by ICE officers in October 2018 after the agents “used deception to enter his home without a warrant or valid consent and to persuade him to exit his home.”

Kidd was subsequently detained at the Adelanto ICE Processing Facility for more than two months, until his release in December 2018. “During that time, Mr. Kidd was separated from his husband and family, who faced severe financial stress and the threat of eviction from their home without Mr. Kidd’s financial support,” the lawsuit states.
The ACLU alleges in the lawsuit that ICE “has continued its troubling home arrest practices even in the midst of the current COVID-19 pandemic, during which California residents have been ordered to shelter in place at home. Entire segments of our community cannot feel safe at home because they are vulnerable to unconstitutional searches and arrests by ICE.”

Michael Kaufman, a senior staff attorney with ACLU SoCal, noted that although the Fourth Amendment does not permit ICE to enter a home without a warrant or valid consent, ICE allegedly “is impersonating police to make an end run around the Constitution.”

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