ReportWire

Tag: retes

  • Lawsuits against ICE agents would be allowed under proposed California law

    [ad_1]

    A week after a Minnesota woman was fatally shot by a federal immigration officer, California legislators moved forward a bill that would make it easier for people to sue federal agents if they believe their constitutional rights were violated.

    A Senate committee passed Senate Bill 747 by Sen. Scott Wiener (D-San Francisco), which would provide Californians with a stronger ability to take legal action against federal law enforcement agents over excessive use of force, unlawful home searches, interfering with a right to protest and other violations.

    California law already allows such suits against state and local law enforcement officials.

    Successful civil suits against federal officers over constitutional rights are less common.

    Wiener, appearing before Tuesday’s Senate Judiciary Committee hearing, said his bill has taken on new urgency in the wake of the death of Renee Nicole Good in Minnesota, the 37-year-old mother of three who was shot while driving on a snowy Minneapolis street.

    Good was shot by an agent in self-defense, said Department of Homeland Security Secretary Kristi Noem, who alleged that Good tried to use her car as a weapon to run over the immigration officer.

    Good’s death outraged Democratic leaders across the country, who accuse federal officers of flouting laws in their efforts to deport thousands of undocumented immigrants. In New York, legislators are proposing legislation similar to the one proposed by Wiener that would allow state-level civil actions against federal officers.

    George Retes Jr., a U.S. citizen and Army veteran who was kept in federal custody for three days in July, described his ordeal at Tuesday’s committee hearing, and how immigration officers swarmed him during a raid in Camarillo.

    Retes, a contracted security guard at the farm that was raided, said he was brought to Port Hueneme Naval Base. Officials swabbed his cheek to obtain DNA, and then moved him to Metropolitan Detention Center in Los Angeles. He was not allowed to make a phone call or see an attorney, he said.

    “I did not resist, I did not impede or assault any agent,” Retes said.”What happened to me that day was not a misunderstanding. It was a violation of the Constitution by the very people sworn to uphold it.”

    He also accused Department of Homeland security spokesperson Tricia McLaughlin of spreading false information about him to justify his detention. DHS said in a statement last year that Retes impeded their operation, which he denies.

    Retes has filed a tort claim against the U.S. government, a process that is rarely successful, said his attorney, Anya Bidwell.

    Lawsuits can also be brought through the Bivens doctrine, which refers to the 1971 Supreme Court ruling Bivens vs. Six Unknown Federal Agents that established that federal officials can be sued for monetary damages for constitutional violations. But in recent decades, the Supreme Court has repeatedly restricted the ability to sue under Bivens.

    Wiener’s bill, if passed by the legislature and signed by Gov. Gavin Newsom, would be retroactive to March 2025.

    “We’ve had enough of this terror campaign in our communities by ICE,” said Wiener at a news conference before the hearing. “We need the rule of law and we need accountability.”

    Weiner is running for the congressional seat held by former House Speaker Rep. Nancy Pelosi (D-San Francisco).

    Representatives for law enforcement agencies appeared at Tuesday’s hearing to ask for amendments to ensure that the bill wouldn’t lead to weakened protections for state and local officials.

    “We’re not opposed to the intent of the bill. We’re just concerned about the future and the unintended consequences for your California employees,” said David Mastagni, speaking on behalf of the Peace Officers Research Assn. of California, which represents more than 85,000 public safety members.

    Wiener’s bill is the latest effort by the state Legislature to challenge President Trump’s immigration raids. Newsom last year signed legislation authored by Wiener that prohibits law enforcement officials, including federal immigration agents, from wearing masks, with some exceptions.

    The U.S. Department of Justice sued last year to block the law, and a hearing in the case is scheduled for Wednesday.

    [ad_2]

    Dakota Smith

    Source link

  • A U.S. veteran spoke out against his wrongful arrest by ICE. Now he’s being accused of assault

    [ad_1]

    George Retes Jr. grew up in Southern California, and when he turned 18, he decided to serve in the U.S. Army, he said, because he wanted to be part of something bigger than himself.

    After a tour of duty in Iraq, Retes moved back to Ventura County this year to find a job and spend more time with his wife and two young children. In February, he began working as a contracted security guard for Glass House Farms at its cannabis greenhouses in Camarillo. Then, on July 10, everything changed as ICE raided Glass House — one of its largest immigration raids ever — while he was trying to get to work.

    Federal officers surrounded Retes and pushed him to the ground. He could hardly breathe, he said, as officers knelt on his back and neck. He was arrested, jailed for three days and was not allowed to make a phone call or see an attorney, according to the Institute for Justice, a public-interest law firm that is representing him.

    President Trump’s Department of Homeland Security never charged Retes with a crime. But after he wrote an op-ed about his experience this month, DHS started issuing new accusations against him — saying he was arrested for assault during the raid, which the 25-year-old veteran has denied. Retes said he never resisted, and now is being targeted for retaliation because he spoke out about an arrest he sees as unlawful.

    “My whole point in sharing my story, I’m trying to warn as many people as possible,” he said in an interview this week. “It doesn’t matter if you’re [politically] left, right, if you voted for Trump, hate him, love him, it doesn’t matter. This affects all of us.”

    On July 10, Retes was headed to work around 2 p.m., and the narrow road leading to the farm was logjammed, he said. He weaved his compact white Hyundai forward, past parked cars and protesters, determined to make it to his shift.

    He stopped short when he came upon a line of federal officers who blocked his path to the farm. Retes, 25, wearing shorts and a hoodie, got out of his car and tried to tell the federal agents that he worked at the farm.

    Agents ignored him, he said, and instead told him to get out of the way. So he got back in his car, and as he tried to back up, agents began lobbing tear gas canisters toward the crowd to disperse them. Retes began hacking and coughing as the gas seeped into his car and federal officers began pounding on his car door. He said they gave him instructions to move that were contradictory.

    The agents smashed his car window, pepper sprayed him, pulled him out of the car and arrested him, he said. He was handcuffed, and after his three days in jail, he was released without any explanation.

    In his Sept. 16 opinion piece for the San Francisco Chronicle — entitled “I’m a U.S. citizen who was wrongly arrested and held by ICE. Here’s why you could be next” — Retes detailed his ordeal. He has begun to take legal action to sue the U.S. government under the Federal Tort Claims Act. More than 360 people were arrested in the raid, including numerous undocumented immigrants, and one person died.

    “I served my country. I wore the uniform, I stood watch, and I believe in the values we say make us different. And yet here, on our own soil, I was wrongfully detained,” he wrote. “Stripped of my rights, treated like I didn’t belong and locked away — all as an American citizen and a veteran … if it can happen to me, it can happen to any one of us.”

    Homeland Security officials did not respond to a request for comment or answer questions about their claim of assault.

    Previously, an unnamed spokesperson for Homeland Security said he was released without a charge, and his case was being reviewed, along with others, “for potential federal charges related to the execution of the federal search warrant in Camarillo.”

    A day after Retes’ opinion piece was published, the agency said Retes “became violent and refused to comply with law enforcement. He challenged agents and blocked their route by refusing to move his vehicle out of the road. CBP arrested Retes for assault.”

    The agency denied that U.S. citizens were being wrongfully arrested by Immigration and Customs Enforcement. The post stated that operations were “highly targeted.”

    “This kind of garbage has led to a more than 1000% increase in the assaults on enforcement officers,” the agency said.

    Retes said he was astounded to learn the agency’s latest claims about July 10 — moments that were captured on video. He says DHS officials are lying.

    “I was in shock,” he said. The agency had “an opportunity to say ‘OK, what we did was wrong, we’ll take responsibility.’ … It’s crazy that they’re willing to stand 10 toes down and die on a hill of lying and say I assaulted officers.”

    Anya Bidwell, his attorney and senior attorney at the Institute for Justice, said it is significant that the government chose to respond only after his piece was published.

    “When people in this country stand up to this government, this government responds with fury,” Bidwell said. “They’re trying to impose their own version of reality. It’s so important for people like George to say, ‘I know who I am and I know what happened to me, you can’t just frame it as something that it’s not.’”

    In an aerial video that captured the initial confrontation, Retes is seen driving up to the line of agents. He steps outside of his car and remains by the driver side as he tries to reason with the agents. About 20 seconds later, he gets back in his car as the agents press forward. Within seconds they surround his car, at the same time pressing protesters back as they begin to lob tear gas canisters.

    Inside his car, Retes starts to record on his phone. He’s backing up slowly, at an angle, until tear gas makes difficult to see where he’s going, he said.

    “I’m trying to leave!” he says as agents bang on his car. There’s a loud crack as they break his car glass window. “OK I’m sorry!”

    The agents pepper-spray him and detain him. One video posted online shows a group of agents surrounding Retes, who is face down on the road. Another agent hops in his car and drives it forward and off to the side of the road.

    Retes said one agent knelt on his neck and another on his back. He was taken to the Metropolitan Detention Center in Los Angeles, and he was kept in a cell with a protester who was also arrested. While in jail, he said, he missed his daughter’s third birthday.

    After he was released, Retes said he was suspended from his job without pay for two weeks because of the arrest, and when he came back, his regular shifts were no longer available. Staying on would make it difficult to see his family, so he had to leave, he said.

    He also had to spend about $1,200 getting his car window fixed and detailed from the tear gas, he said.

    Despite the Trump administration’s actions, Retes said his faith in the government and accountability for justice remains steady. Just like when he joined the Army, he said, he still hangs on to a sense of unity to stand up for the country’s values.

    “I still believe justice can be restored — that’s why I’m standing up and speaking out,” he said. “I think it’s important now more than ever for us to be unified and standing up for our rights together. Especially when they have the audacity to try to lie, especially to the public.”

    [ad_2]

    Melissa Gomez

    Source link