Immigration Judge Finds Racial Profiling in Detention Case

May 2nd, 2017

The Atlanta Journal-Constitution reported on April 28, 2017, that an immigration judge (IJ) in Atlanta found unconstitutional racial profiling in an immigration detention case in ruling against US Immigration and Customs Enforcement (ICE) agents. The IJ held that two ICE agents committed “egregious” racial profiling when arresting a man walking from his apartment to catch a ride to work, and that the US Department of Homeland (DHS) attorneys committed “willful misconduct” by advising the agents to ignore the IJ’s subpoena. See http://www.myajc.com/news/local/immigration-judge-finds-racial-profiling-detention-case/ZKpBEDYMJwi9OUSoD7nghI/.

US ICE agents arrested and took into custody Osvaldo Menese Chavez on March 6, 2017, as he walked away from his apartment complex to get a ride to work. DHS sought to deport Chavez on grounds he is an unauthorized immigrant. The ICE agents said that they were at Chavez’s location to arrest another individual. The agents asked to speak with Chavez because he looked like the other suspect and when he tried to run away they arrested him. The IJ noted at the initial court hearing that the agents had used similar reasons to support its other detentions. The IJ then asked DHS to bring the officers to court to testify but the DHS attorneys instructed the agents not to appear and refused to bring the officers to court.

The IJ held that DHS’s conduct thwarted Chavez’ ability to make his case and found the agents’ conduct to be an “egregious violation” of the Fourth Amendment’s protection against unreasonable searches and seizures. “The fact that this judge was so offended by the government’s conduct sends a strong message. It says no one is above the Constitution,” said AILA member Carolina Antonini, who teaches immigration law at Georgia State University.