Photographer Sues US Government for $1 Million After Arrest While Filming Immigration Raids
A photographer, who was detained for filming an immigration raid outside a Home Depot store last month, is suing the U.S. government for $1 million.
The Mexican American Legal Defense and Educational Fund (MALDEF) has filed a lawsuit on behalf of Job Garcia, a 37-year-old photographer and PhD student, according to a report by The Guardian.
Garcia, a U.S. citizen, was at a Home Depot in Westlake MacArthur Park neighborhood of Los Angeles on June 19 when he saw masked immigration officers arresting day laborers. According to the lawsuit, Garcia had previously photographed protests and community events focused on immigrants’ rights, and he began recording the incident on his phone.
When Customs and Border Protection (CBP) agents surrounded a commercial truck, Garcia and other bystanders shouted to the people inside, telling them not to speak to the officers, not to open the door or windows, and to stay silent. The agents then broke the truck’s window and arrested those inside.
Garcia, who is a PhD student at Claremont Graduate University, says he kept recording when, “with no warning from an agent,” one of the masked officers grabbed him, threw his phone, and tackled him. More officers joined in, pinning him to the ground and handcuffing him. He said they pressed their knees into his back and pushed his face into the pavement, even though he did not resist.
Garcia was taken to the Metropolitan Detention Center in Los Angeles and held for 25 hours, despite repeatedly stating he is a U.S. citizen. He was released without being charged or arraigned.
“The Border Patrol and ICE agents unlawfully restrained and detained Mr. Garcia for more than 24 hours without any valid grounds for interfering with his liberty and freedom of movement, and they did so based on legally prohibited grounds,” the lawsuit states.
According to MALDEF, Garcia sustained bruises to his back, neck, arms, face, and legs. He has also experienced emotional distress and financial loss. MALDEF said he has paused his academic work and may not finish his degree on schedule.
MALDEF is seeking $1 million in damages from the federal government on behalf of the photographer. The complaint was filed against Immigration and Customs Enforcement, Customs and Border Protection, the U.S. Border Patrol, and other Department of Homeland Security agencies involved in the arrest.
“When government engages in widespread violation of individual rights with respect to immigrants without status, the harm inevitably spills over and spreads to others; that is why we must insist, as a society, on respect for the rights of everyone,” MALDEF president and general counsel Thomas Saenz tells The Guardian.
“Here, a citizen, acting in the best traditions of our democracy, was engaged in documenting government misconduct to encourage policy change; he was wrongfully arrested and detained because of his race and his heroic efforts.”
However, in a statement to NBC News, Department of Homeland Security spokesperson Tricia McLaughlin said Garcia assaulted and verbally harassed a federal officer. She said he was subdued and arrested for that alleged assault. McLaughlin also warned that anyone who touches a law enforcement officer will be fully prosecuted.
Image credits: Header photo licensed via Depositphotos.
