Homeland Theater
NJ lawsuit challenges ICE home raids
On April 3, Seton Hall Law School's Center for Social Justice and Lowenstein Sandler, PC, filed suit in Federal District Court in New Jersey, alleging that federal law enforcement officials violated the rights of people whose homes they entered during pre-dawn immigration raids. The 10 plaintiffs include two US citizens, a permanent resident, and a person who was lawfully present in the US under protected status. The plaintiffs charge that officials violated their constitutional privacy and due process rights under the Fourth and Fifth Amendments by entering their homes without consent or a judicial warrant during eight home raids across New Jersey between August 2006 and January 2008.
ICE "fugitive" raids in Midwestern states
In a two-day operation ending March 30, ICE Fugitive Operations Team agents arrested 28 immigrants in Liberal, Kansas. Those arrested were 23 men and five women. Twenty of them were from Guatemala, six were from Mexico, and two were from El Salvador. Four of the 28 had criminal convictions; 18 had prior orders of deportation. All those arrested have been placed in deportation proceedings. Officers from the Liberal Police Department provided leads and otherwise assisted ICE during the operation. (ICE news release, April 4)
Laws to be waived for border fence
In an April 1 statement, Homeland Security Secretary Michael Chertoff said the federal government plans to speed up completion of 470 miles of border fence in the southwestern US by the end of 2008 by using two waivers to bypass some three dozen federal and state environmental and land-management laws. The move is permitted under an exemption granted by Congress in the Real ID Act of 2005.
Activists protest immigration arrests on Amtrak, Greyhound
On April 2, several dozen demonstrators gathered in front of Penn Station in Manhattan to protest the collaboration of the Amtrak train company with border and immigration agents who arrest passengers traveling between US cities. With chants of "transportation, not deportation!" and "immigrant rights are human rights," the protesters then marched to Port Authority to condemn the Greyhound bus company's collaboration with similar immigration sweeps.
ICE raids warehouses in LA area
On April 1, Immigration and Customs Enforcement (ICE) agents arrested 44 workers at the warehouses of three distribution companies—Samsung, Frontier and Imperial CSS—in an industrial park in Torrance, Calif., just south of Los Angeles. ICE spokesperson Virginia Kice said all but two of the 44 people arrested are Mexican. Kice said 17 of those arrested were released for humanitarian reasons. (Diario Hoy, LA/Chicago, April 2, 3; La Opinión, Los Angeles, April 3; Free Speech Radio News, April 2) The Mexican consulate in Los Angeles reported that its personnel were able to speak with 34 of the arrested Mexicans and offer them orientation about their legal situation. (El Financiero, Mexico, April 3) William Jarquin, the consul of El Salvador in Los Angeles, said he was informed that two of those arrested were Salvadoran, and that one of the two had been released. (Diario Hoy, April 2)
Al-Arian still jailed, on hunger strike
On March 3, jailed Palestinian professor Sami Al-Arian was informed that he would be called to testify before a grand jury in Virginia which is investigating allegations that Muslim charities aided terrorism organizations. Al-Arian responded by starting a hunger strike the same day, refusing all food and water. On March 20, Al-Arian appeared before the grand jury and declined to testify. Later on March 20 Al-Arian began drinking water, but he continues to fast at the Northern Neck Regional jail in Warsaw, Va. (On March 12 he was transferred to a medical prison in Butner, NC, but on March 18 he was returned to the Warsaw jail.) Over the course of this latest hunger strike Al-Arian, who is diabetic, has lost 30 pounds; he has not been offered an IV or treatment for any of his symptoms, including chest pains, severe dehydration and headaches.
Judge blasts ICE over detainee death
In a decision dated March 11, US District Judge Dean Pregerson in Los Angeles ruled that the family of Salvadoran immigrant Francisco Castañeda can continue to pursue a lawsuit against individual government officials for violating Castañeda's constitutional rights and can ask a jury to award punitive damages. Pregerson determined that the immigration agency's decision to withhold critical medical treatment from Castañeda while detaining him was "beyond cruel and unusual" punishment. The government had argued that its employees were immune from the lawsuit, and that federal law allowed only a suit against the government, with a nonjury trial and a $250,000 limit on damages. A spokesperson for the US attorney's office said the Justice Department might appeal Pregerson's ruling.
New Jersey immigration detainees protest medical neglect
In a March 2 petition addressed to Homeland Security Secretary Michael Chertoff and Attorney General Michael Mukasey, 93 immigration detainees at Middlesex County jail in New Jersey complained about inadequate medical treatment for two fellow detainees, including a man named Arturo Alvarez who died earlier that same day. According to authorities the Cuban detainee died on March 2 at St. Peter's University Hospital in New Brunswick after suffering a heart attack at the jail on Feb. 29. In the letter, titled "Re: Crime Against Humanity," the detainees said Alvarez asked for help and was given Tylenol and his own medication, "but no doctor was available to see him." The letter states that Alvarez "passed away in this jail" and was not sent to the hospital. The petition also charges that a detainee named Cemar Koc complained of pain to a first shift duty officer, got no help, and after complaining to a second-shift officer lost consciousness. (Home News Tribune, March 15; copy of petition made available by New Jersey Civil Rights Defense Committee)

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