Lawsuit charges ICE with violating Constitution during raids at Annandale apartments
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| Fairmont Gardens |
An immigrant rights organization has filed a lawsuit
against U.S. Immigration and Customs Enforcement (ICE) agents for violating
the constitutional rights of two men during a raid at the Fairmont Gardens apartments
in Annandale last winter.
against U.S. Immigration and Customs Enforcement (ICE) agents for violating
the constitutional rights of two men during a raid at the Fairmont Gardens apartments
in Annandale last winter.
The suit was filed in the U.S. District Court for the Eastern
District of Virginia in Alexandria Aug. 23 by the Legal Aid Justice Center on
behalf of Mynor Abdiel Tun-Cos and Jose Pajarito Saput.
District of Virginia in Alexandria Aug. 23 by the Legal Aid Justice Center on
behalf of Mynor Abdiel Tun-Cos and Jose Pajarito Saput.
The suit charges that ICE agents B. Perrotte, T. Osborne, D.
Hun Yim, P. Manneh, and A. Nichols
violated the Fourth
Amendment of the Constitution – which prohibits unreasonable seizure – when
they ordered Tun-Cos and Saput out of their car at about 6:25 a.m. as they were leaving for work and detained them at length without
a reasonable suspicion that the plaintiffs had violated immigration or any
other laws.
Amendment of the Constitution – which prohibits unreasonable seizure – when
they ordered Tun-Cos and Saput out of their car at about 6:25 a.m. as they were leaving for work and detained them at length without
a reasonable suspicion that the plaintiffs had violated immigration or any
other laws.
The ICE agents told the plaintiffs they were looking for two
brothers, Wilber and Carmelino Houx-Hernandez, whom the agents said were in
trouble with the police.
brothers, Wilber and Carmelino Houx-Hernandez, whom the agents said were in
trouble with the police.
Tun-Cos told the agents the Houx-Hernandez brothers used to
live in their apartment but had moved out about five years ago and they didn’t know know where they were.
live in their apartment but had moved out about five years ago and they didn’t know know where they were.
Neither Tun-Cos, 42, nor Saput, 49, resembled the
Houx-Hernandez brothers, who are in their mid-20s; the only similarity is that
all four of them are Latino.
Houx-Hernandez brothers, who are in their mid-20s; the only similarity is that
all four of them are Latino.
The ICE agents brought the plaintiffs to their apartment for
questioning, arrested and frisked them, then took them to an unmarked white van
with ladders on top which is apparently designed to look like a construction
van but which is actually an ICE detainee transport van.
questioning, arrested and frisked them, then took them to an unmarked white van
with ladders on top which is apparently designed to look like a construction
van but which is actually an ICE detainee transport van.
They were then brought to an ICE facility near Lorton where
they were held for the entire day. In the evening, they were driven to an ICE office in Fairfax, where they were released and told to return for periodic check-ins
with ICE officials.
they were held for the entire day. In the evening, they were driven to an ICE office in Fairfax, where they were released and told to return for periodic check-ins
with ICE officials.
The plaintiffs now face deportation hearings in January.
Even though the ICE agents quickly realized that the
plaintiffs were not the Houx-Hernandez brothers, the suit states, they
continued to detain Tun-Cos and Saput against their will without any reasonable
suspicion of wrongdoing.
plaintiffs were not the Houx-Hernandez brothers, the suit states, they
continued to detain Tun-Cos and Saput against their will without any reasonable
suspicion of wrongdoing.
The suit charges that the Trump Administration’s policy to “take
the shackles off ICE” has resulted in unconstitutional “collateral arrests,”
in which ICE agents who are nominally searching for one person detain or arrest
other people who happen to be in the area merely because of their race, ethnicity,
or perceived national origin.
the shackles off ICE” has resulted in unconstitutional “collateral arrests,”
in which ICE agents who are nominally searching for one person detain or arrest
other people who happen to be in the area merely because of their race, ethnicity,
or perceived national origin.
According to the suit, the number of collateral arrests of
non-criminals by ICE agents have greatly increased since Trump took office.
There were more than 10,800 such arrests during the first 100 days of 2017, compared to 4,200 in the first 100 days of 2016.
non-criminals by ICE agents have greatly increased since Trump took office.
There were more than 10,800 such arrests during the first 100 days of 2017, compared to 4,200 in the first 100 days of 2016.
It also notes the the number of ICE raids at Fairmont Gardens has dramatically increased this year. “In February
and March 2017, ICE targeted Fairmont Gardens residents for enforcement at a
frequency well beyond that of any similarly-sized apartment complex in the
Annandale, Virginia, area,” the suit states. And those raids included “numerous collateral arrests.”
and March 2017, ICE targeted Fairmont Gardens residents for enforcement at a
frequency well beyond that of any similarly-sized apartment complex in the
Annandale, Virginia, area,” the suit states. And those raids included “numerous collateral arrests.”
The suit seeks compensatory damages and punitive damages in
an amount to be determined in a trial plus attorney fees.
an amount to be determined in a trial plus attorney fees.
In other Fairmont Gardens news, Multi-Housing News
reported Aug. 24 that Capital Investment Advisors purchased the 388-unit apartment
complex from the JBG Cos. for $65 million. JBG acquired the property in March
2016 for $47 million.
reported Aug. 24 that Capital Investment Advisors purchased the 388-unit apartment
complex from the JBG Cos. for $65 million. JBG acquired the property in March
2016 for $47 million.
5 responses to “Lawsuit charges ICE with violating Constitution during raids at Annandale apartments”
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lets see how quickly this case gets tossed
Good. ICE raided a house in my neighborhood a few years ago that was home to 25+ undocumented immigrants. The county needs to frame this as an issue of code compliance and cleaning up neighborhoods – Fairmont Gardens is a sh*thole. Enough with the raids at schools and churches, stop wasting time and capital on that – let’s focus on cleaning up communities where people deserve to live in peaceful, uncrowded conditions.
Good? While these plaintiffs appear to be easy targets, remember that once we let the government dispense with constitutional protections we all are potential targets. You are always an outgroup to someone. I agree that the government should focus on cleaning up communities and help people live in peaceful, uncrowded conditions. There are a lot of legally appropriate, constitutionally compliant ways to do that besides using tactics like these.
Lawsuit for what? For doing their jobs??? I used to live in Fairmont Gardens 30 years ago, and now it's not like it was before!
Define "outgroup." It doesn't matter whether the apartments are a dump or not. The plain and simple truth is that illegal immigrants are breaking the law by their presence here without going through the same process everyone else is supposed to. That's not fair. What part of "Obey the Law" do you not understand? We have plenty of citizens in Texas to care of for now without having to bear the cost of people who are here illegally. If these two guys really are here illegally, they don't have much of a case, regardless of how they were handled.