In a chilling episode that sounds more like a scene from a warzone than Southern California, a U.S. Army veteran was violently detained on July 10th during a federal immigration raid that is drawing fierce condemnation and allegations of human rights violations. George Retes, a 25-year-old U.S. citizen and Iraq War veteran, says he was tear-gassed, pepper-sprayed, and pinned to the ground by federal agents despite repeatedly identifying himself as an American citizen.
Army VET Targeted on US Soil
Retes, a security guard at Glass House Farms, arrived at work on July 10 expecting a normal day. Instead, he was ambushed by federal agents in military-style gear. He claims the agents ignored his pleas and identification, broke his car window, doused him in chemical agents, and dragged him from his vehicle. “It took two officers to pin my back and one on my neck,” he said. His only crime? Being at work—at the wrong place, during a government raid that’s been compared to martial law.
It seems pretty clear the only basis for George Retes arrest was the color of his skin. The Trump administration is directing these tactics. It is an assault on the rule of law, it is NOT American and needs to end. It is illegal and unconstitutional. Anyone serving in public office, either elected or appointed, that supports racial profiling, and these ICE practices should be removed from office and prosecuted.
Judicial System Responds
The day after George Retes arrest, on July 11th, the judicial system jumped in and reminded every American that due process and the rights enshrined in the Bill of Rights applies to “any person” in the United States, in addition to US citizens.
Federal District Judge Maame Ewusi-Mensah Frimpong ruled on July 11 in a southern California case that ICE officers cannot rely solely on the following to establish probable cause to make an arrest:
- a person’s apparent race or ethnicity.
- the fact that they’re speaking Spanish or English with an accent.
- their presence at a particular location like a bus stop or a day laborer pickup site; or the type of work one does to base a “reasonable suspicion” which would otherwise permit an immigration officer to stop someone.
Trump administration’s ICE is out of control
Normally, for criminal apprehensions, law enforcement needs probable cause – a reasonable belief, supported by facts and circumstances, that a crime has been committed and the person to be apprehended committed it. However, the Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) agencies have specific authority to enforce immigration laws, including apprehending individuals suspected of violating those laws, interpreted as a “reasonable suspicion.” The Trump administration’s ICE and CBP are arresting people like George Retes based on how they look. This is wrong.
What does the Constitution Say?
The basis for search and seizure laws is the Fourth Amendment of the U.S. Constitution reads:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The court ruling on July 11th confirmed this, noting that all individuals, regardless of immigration status, share in the rights guaranteed by the Fourth and Fifth amendments.
This ruling implies that it is illegal to conduct mass apprehensions or stop large groups of people in public places to search for undocumented individuals. This would effectively block a tactic favored by the Trump administration—using large, public shows of force to intimidate undocumented immigrants into self-deporting and to discourage others from entering the country illegally.
This ruling works hand in hand with the ruling by another federal judge in the Kilmar Abrego Garcia case that detainees are entitled to a hearing to determine whether they will be deported. The Firth Amendment of the U.S. Constitution says (in part):
“. . . nor shall any person . . . be deprived of life, liberty, or property, without due process of law; . . .”
In practice, procedural due process means that the government must give people a chance to defend themselves in a fair hearing before infringing on their rights. In other words, they must be given notice of what they are being accused of and have the right to be heard in their defense. Without this hearing at which a factual determination is made whether the grounds for detention are met, it is not known whether the detention is legal.
Without these protections decided by the judges, none of us would be safe from illegal apprehension and/or deportation. If an immigration officer could stop someone speaking a foreign language, who appears to be of an ethnicity other than white, at a job seeking location, or at a workplace suspected of having undocumented workers, what would stop ICE from apprehending any U.S. citizen? We already know where the Trump administration is going with this with the arrest of George Retes. If your neighbor, co-worker, friend, or person is illegally detained or deported, you are equally at risk.
Due process is provided to “all persons” in the Constitution and is a cornerstone of American justice, i.e., the rule of law. The United States must remain “a nation of laws, not of men.”
I believe in our Constitution and our rights, and pledge to fight to protect them, which is why I am running to be your next Minnesota State Senator.
References
• Federal judge blocks ‘roving’ immigration arrests amid Los Angeles Crackdowns.
• Army vet calls for investigation after being detained for three days in ICE raid.
• Veteran and US citizen arrested by ICE warns it could happen to anyone.
Prepared and paid for by Olson Senate Committee, P.O. Box 15, Prior Lake, MN 55372