ICE Accused of Violating Rights of 22 Individuals, Including US Citizen, in Immigration Enforcement Arrests.

Federal immigration agents allegedly violated the rights of 22 people, including a U.S. citizen, during arrests in Chicago. Activists and attorneys claim the arrests violate a 2022 agreement between Chicago groups and the federal government detailing how ICE officers can make "collateral arrests." The groups seek the release of two detained individuals, sanctions against arresting officers, and more transparency in ICE operations. ICE declined to comment, citing pending litigation.

The immigration landscape in the United States continues to be a contentious issue, with recent allegations of civil rights violations surfacing in Chicago. According to a motion filed in federal court on March 10, 2023, by the National Immigrant Justice Center (NIJC) and the American Civil Liberties Union of Illinois (ACLU), federal immigration agents have allegedly violated the rights of at least 22 individuals, including a U.S. citizen, during arrests since President Donald Trump's inauguration [1]. Two individuals are still in custody, and one has already been deported, while the remaining 19 have been released on bond [1].

The NIJC and ACLU accuse the federal government of violating immigration law and the constitutional rights of these individuals through unlawful arrests and detentions. The organizations argue that federal agents have failed to assess whether there was probable cause to arrest individuals, made arrests without proper warrants, and created warrants in the field after the arrests [1]. These actions are allegedly in violation of the Nava Settlement, a 2018 class-action lawsuit filed in response to unlawful arrests by ICE agents using traffic stops and other tactics to make arrests without a warrant [1].

Under the Nava Settlement, ICE officials are allowed to conduct warrantless arrests if they believe an individual is likely to escape, but they must provide evidence [1]. However, the NIJC and ACLU claim that federal agents have not been adhering to these guidelines since January 2023, making arrests without proper assessments of probable cause [1].

Mark Fleming, of the NIJC's federal litigation project, emphasizes that while ICE has authority to conduct immigration enforcement, they must do so within the bounds of the law. The pressure to meet deportation targets, he suggests, may be causing federal agents to overstep their authority [1]. Fleming states, "In order to do this mass deportation that the administration has demanded of them, [federal agents] are going way outside the bounds of the law."

The NIJC and ACLU are seeking the immediate release of individuals still in custody, bond reimbursements, weekly reports on immigration arrests, and additional training and discipline for federal agents involved in the arrests [1]. The U.S. Department of Homeland Security and the Immigration and Customs Enforcement agency have declined to comment, citing pending litigation [1].

References:
[1] WBEZ. (2023, March 13). Chicago Attorneys Accuse Federal Agents of Violating Immigrants' Rights and Take Legal Action. https://www.wbez.org/immigration/2023/03/13/chicago-attorneys-accuse-federal-agents-of-violating-immigrants-rights-and-take-legal-action