You swore an oath to protect and defend the Constitution. Do your job! Join ACLU’s lawsuit against Trump’s unconstitutional raids NOW!

URGENT ACTION! CONTACT YOUR CITY AND COUNTY OFFICIALS – DEADLINE IS AUG. 12/13

Oxnard has just added their name to the list of cities who’ve recently joined a lawsuit (Vasquez Perdomo v. Noem) initiated by the ACLU which challenges the constitutionality of the Trump administration’s immigration raids. Los Angeles (and Los Angeles County), Pico Rivera, Montebello, Monterey Park, Culver City, Santa Monica and West Hollywood have already signed on. That list should include every city in Ventura County, including the county itself.

These lawsuits are important! Bautista, et al. v. Noem seeks to strike down a new policy enacted by ICE ending bond eligibility for immigrants currently detained by the agency. And there’s been a recent victory. (KTLA.com) “U.S. Immigration and Customs Enforcement officers are no longer allowed to identify themselves as local police or use deceptive tactics during home arrests in Southern California, following a court-approved settlement reached in a class action lawsuit.”

Action: Email a message to your city councilmembers and county supervisors TODAY! [(2) sample scripts]

Make this sound like your voice, tailor to the legislator if you can, and use personal stories if you have them)

Example #1 (: As our [city councilmember/county supervisor], you have taken an oath to protect and defend our constitution. I therefore expect you to honor that oath by doing whatever’s necessary to protect members of our community from unconstitutional actions, even those undertaken by our own federal government.

ICE’s suspicionless and racially-biased stops, warrantless home raids and illegal worksite operations are violations of the Fourth Amendment, along with the detention of those arrested in inhumane holding areas without access to legal aid as required by due process.

Therefore, I’m asking you to add [city/county name] to the ACLU’s Vasquez Perdomo v. Noem lawsuit, joining at least eight SoCal cities, including Oxnard, and Los Angeles County. Oxnard just had a special meeting to vote quickly on this action to meet the Aug. 12/13 deadline. I expect you to call for an email vote or a similar special emergency meeting as well. Because if you can’t stand up for the constitutional rights of those being targeted right now, which has included permanent legal residents and U.S. citizens, how can we trust you to stand up for the rights of the rest of us? Please do your job and protect us now.

_____________________________________

Example #2: As our [city councilmember/county supervisor], you have taken an oath to protect and defend our constitution. I therefore expect you to honor that oath by doing whatever’s necessary to protect members of our community from unconstitutional actions, even those undertaken by our own federal government.

I’ve since found out that the ACLU invited ALL the cities in Ventura to join in their Vasquez Perdomo v. Noem lawsuit. Oxnard already has, probably because a whole council room of people asked them to. But that shouldn’t have been necessary. The minute these obviously racist raids were occurring, harming your own community members, you should have been proactively searching out opportunities like this.

That you didn’t is a failure of your leadership, and now we’re near the deadline. Please fix this! Make an emergency quorum, by zoom or email or however the city counsel says is OK, and get this done now!

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CONTACTS

DEEPER DIVE

Quote in header: (ACLU) “‘All that matters is numbers, pure numbers. Quantity over quality.’”

These are the words of an Immigration and Customs Enforcement (ICE) insider describing the White House’s newly-imposed quota: 3,000 immigration arrests nationwide per day, legal constraints and public outcry be damned.”

  • Key aspects of the lawsuit:
    • Unlawful Arrests and Detentions:
      The lawsuit challenges ICE’s practice of lodging detainers (causing extended detention) without probable cause, violating the Fourth Amendment. 
    • Racial Profiling:
      The lawsuit alleges that ICE agents are targeting individuals based on race, ethnicity, and perceived occupation during the raids. 
    • Denial of Due Process:
      The suit claims that ICE is stripping individuals of their due process rights by placing them in expedited removal proceedings without proper legal safeguards, violating the Fifth Amendment.
    • Conditions of Detention:
      The lawsuit also addresses concerns about the conditions of detention facilities, with allegations of overcrowding and inadequate access to legal counsel. 
    • Impact on Communities:
      The lawsuit highlights the disruptive and harmful impact of the raids on families and communities, tearing apart families and creating a climate of fear. 
  • Key Arguments in the Lawsuit:
    • Fourth Amendment Violations:
      The lawsuit argues that ICE’s practices violate the Fourth Amendment’s protection against unreasonable searches and seizures. 
    • Fifth Amendment Violations:
      The suit contends that ICE’s actions deny individuals the right to due process, a fundamental right under the Fifth Amendment. 
    • Violation of Equal Protection:
      The lawsuit suggests that the targeting of individuals based on race and ethnicity violates the principle of equal protection under the law. 
  • Relief Sought:
    • Injunctive Relief: To stop ICE’s unlawful practices, including the issuance of detainers without probable cause and the use of expedited removal. 
    • Damages: Compensation for those who have been harmed by ICE’s actions. 
    • Declaratory Relief: A declaration that ICE’s practices are unconstitutional. 

Excerpts from ACLU FAQ’s: What is the Vasquez Perdomo v. Noem lawsuit about? 

(ACLU) “Vasquez Perdomo v. Noem is a lawsuit filed in the U.S. District Court for the Central District of California by five individual plaintiffs and four plaintiff organizations, the Los Angeles Worker Center Network (LAWCN), United Farm Workers (UFW), Coalition for Humane Immigrant Rights (CHIRLA), and Immigrant Defenders Law Center (ImmDef).  

The lawsuit challenges the Department of Homeland Security’s (DHS) and other federal agencies’ policies and practices in connection with immigration raids in Southern California. More specifically, the lawsuit challenges Defendants’ widespread, racially discriminatory, and suspicionless stops of people; their warrantless arrests of people without following requirements under federal law; and their detention of individuals at a holding facility in downtown Los Angeles called B-18 in inhumane conditions and without access to counsel.  

Some of the plaintiffs also seek to represent three classes of individuals, i.e., people who have been or will be: 

  1. stopped by federal agents without the agent(s) having individualized, reasonable suspicion that the person is violating federal law or unlawfully present in the United States; 
  2. subject to warrantless arrest without an individualized assessment of the person’s flight risk;  
  3. arrested without agents identifying themselves and/or stating the reason for arrest, when it is practical and safe to do so. 

The City of Los Angeles, County of Los Angeles, as well as Culver City, Montebello, Monterey Park, Pasadena, Pico Rivera, Santa Monica, and West Hollywood, have also moved to intervene in the case.  

Read more about the case on ACLU SoCal’s website here and Public Counsel’s website here… 

…Does the court’s July 11 order mean that ICE and other immigration agents can no longer stop or arrest individuals? 

No, not quite. The district court’s July 11 order means that federal immigration agents cannot rely only on four factors as the basis for stopping an individual: (1) their apparent race or ethnicity; (2) the fact that they speak Spanish or English with an accent; (3) their presence in a particular location like a bus stop, car wash, or agricultural site; or (4) the type of work the person does. 

Because the evidence shows federal agents are conducting “roving patrols” and stopping individuals without any specific information other than these impermissible four factors, the order should impact agents’ ability to continue stopping and terrorizing individuals as they have been. But it does not prevent agents from approaching people for questioning with their consent and it does not prevent agents from stopping a person if they have specific information about a person—beyond just these four factors—that indicates the person is violating federal law or is unlawfully present in the United States. For instance, agents may have information about a person who has a final order of removal, in addition to information about what they look like and where they work, which they may use to stop and arrest that person….

How can I stay up to date about developments in Vasquez Perdomo v. Noem? 

You can stay up to date by visiting ACLU SoCal’s website here and by following us on social media: 

How else can I get involved or support this effort? 

If you or a loved one were stopped or arrested by immigration agents, please contact the ACLU SoCal at https://socalintake.aclusocal.org/. If you or a loved one are or were held at B-18 and have had issues with accessing counsel or other conditions, please contact Public Counsel at 213-385-2977 or ImmDef at 213-833-8283.  

Please also contact your local rapid response network (find your local RRN here) if you observe immigration activity or if a loved one has been arrested by immigration agents.  

You can also learn more about CHIRLA, the LA Worker Center Network and its member centers, and the UFW. 

What should I do if I or a loved one are stopped and/or arrested by federal agents? 

If you encounter immigration agents in public:

  1. Do not run. Instead, if you prefer not to interact with agents, calmly walk away. This can be hard, especially when masked agents aggressively raid public places with military-style rifles and weapons. But running can become a reason that immigration agents use to justify stopping you. Running has also sometimes resulted in agents responding with more aggression and physically harming individuals. 
  2. If the agents are already in front of you and questioning you, ask if you are free to leave. If they say yes, you may calmly walk away. If you are under arrest, you have a right to know why.  
  3. You have the right to remain silent and should not be punished for refusing to answer questions. You can tell agents that you wish to remain silent. You should not discuss your citizenship or immigration status with anyone, or answer questions about where you were born or how or when you entered the country.  
  4. You have the right to refuse consent to questioning or a physical search of your person and your belongings, including your cell phone. If they search you or your belongings anyway, say clearly that you do not consent.  
  5. If you have valid immigration documents, you should show them if you have them with you; if you are over 18, carry your valid U.S.-issued immigration documents with you at all times. If you do not have valid immigration papers, you can say you wish to remain silent.  
  6. Do not lie about your citizenship status (e.g., claim that you are a U.S. citizen if you are not) or carry or provide fake documents or documents from another country.  
  7. If you are arrested, you can say that you wish to remain silent until you can speak with a lawyer.  
  8. You have the right to record your interaction with agents or the interaction of agents with others, as long as you do not interfere. If you are recording the interaction of an agent with others, make sure to stay a safe distance away. 
  9. Do not argue, resist or obstruct the agents, even if you are innocent or agents are violating your rights.  

If you interact with immigration agents at the workplace (all recommendations above apply):

  1. Remain calm and do not run. 
  2. If you are not being detained, you can walk toward the exit. 
  3. If agents approach you, you can ask if you are being detained or are free to go. If they say you are free to go, calmly walk away. 
  4. If you are questioned by the agents, you can respond that you wish to remain silent and then do not continue to answer their questions. If true, you can also state that you are not authorized by your employer to speak with them.  
  5. Employers (private and public) should not voluntarily consent to immigration enforcement agents entering non-public areas of their workplaces or accessing employee records without a judicial warrant or subpoena.  
  6. The law requires that an employer provide written notices (within 72 hours) to employees regarding an inspection by an immigration agency of I-9 Employment Eligibility Verification forms (“I-9 forms”) or other employment records, including the results of any such inspection.  

If you are arrested and taken to a facility like B-18 — the federal building in Los Angeles:

  1. You have the right to make a local phone call. 
  2. Do not answer questions or sign anything before talking to a lawyer. 
  3. Do not sign anything, such as a voluntary departure or stipulated removal, without talking to a lawyer. If you sign, you may be giving up your opportunity to try to stay in the United States and to claim certain forms of immigration relief. 
  4. Read all papers fully. If you do not understand or cannot read the papers, tell the immigration agent you need an interpreter. 
  5. You have the right to a lawyer, but the government does not have to provide one for you. If you do not have a lawyer, ask for a list of free or low-cost legal services. 
  6. You have the right to contact your consulate or have an officer inform the consulate of your arrest.  
  7. Tell the immigration agent you wish to remain silent. Do not discuss your immigration status with anyone but your lawyer.  
  8. Ask for and remember  your immigration number, usually referred to as an “A” number that is 8 or 9 digits long, and give it to your family. It will help family members locate you while you are in B-18 and once you are transferred.  
  9.  As part of the court’s July 11 TRO, you have the right to a confidential visit with an attorney (including for a consultation) and to speak with an attorney on a confidential, unmonitored phone line at no cost to you. 
  10. If you have a fear of returning to your home country and have been in the United States less than two years, you should inform the immigration agents that you have a fear of returning to your country so that you are offered a credible fear interview. Immigrants who have been in the United States less than two years without submitting any formal request for a visa may be subject to expedited removal, which means they would not see a judge prior to deportation. 

For rapid responders, your right to record and what details to capture:

Regardless of your immigration status or whether you know the person being arrested, under the First Amendment, you have the right to record law enforcement exercising their official duties—including ICE and other federal immigration authorities:

  • In public spaces and private spaces where you have the legal right to be. 
  • As long as you are not interfering or impeding officers’ law enforcement activities. 
  • Law enforcement cannot order you to move because you are recording, but they may order you to move for public safety reasons even if you are recording. If they order you to move, you should do so and announce that you are taking a step back, but you may continue recording. 
  • If you are a bystander, stand at a safe distance from the scene that you are recording. 

Capture details like: 

  • Any paperwork the agents are holding. 
  • The officer’s clothing—for example uniform, plain clothes, masked, military attire. 
  • Badges (or lack thereof). If they have a visible badge, try to film it. If it’s too difficult to capture badge numbers on camera, you can read them out loud so that it is captured on audio. 
  • Any weapons agents have on them. 
  • Vehicles/license plates—some DHS vehicles have special license plates or even permits in the front. 
  • Communications between officers or among different agencies like police officers and ICE. 
  • Any other law enforcement present, such as local police or National Guard, and what they are doing. 
  • Hateful comments or slurs, and discriminatory symbols or signage. 
  • Torn clothing or property damage caused by agents. 
  • Other cameras in the vicinity including surveillance cameras. 

* The information in this document does not, and is not intended to, constitute legal advice, and is for general informational purposes only. You should contact an attorney for legal advice. Information in this guide also may not constitute the most up-to-date information and should be verified with current sources.” 

Resources

(NBC) SoCal cities join ACLU’s lawsuit to challenge immigration raids in the region

(ACLU) Bautista, et al. v. Noem “Last night, immigrants’ rights advocates filed a class action lawsuit against the Trump administration, seeking to strike down a new policy enacted by ICE ending bond eligibility for immigrants currently detained by the agency.

If the new policy – issued on July 8th – is to continue, tens of thousands of immigrants would be jailed indefinitely while their immigration cases are considered for months or years on end. The new policy takes away immigrants’ ability to seek release on bond, regardless of whether they have been living in the United States for years, and regardless of whether they have any criminal record.”

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