ACLU-Nebraska: Because Freedom Can't Protect Itself

Organization sends notice following multiple complaints leading to a lawsuit

FORIMMEDIATE RELEASE
May10, 2013

CONTACT: Amy Miller or BeckiBrenner, (402) 476-8091, This e-mail address is being protected from spambots. You need JavaScript enabled to view it

LINCOLN - On Friday, the ACLU of Nebraska sent a letter to all county sheriff and local police agencies urging them to refrain from participating in voluntary "immigration detainer" programs citing concerns of constitutional violations. The organization also asserts that these programs are costly to local tax payers.

"Around the country and in Nebraska, we have seen that when the federal government asks a local law enforcement agency to detain someone with no cause, no proof of a crime and, simply a question about immigration status, the outcome is costly to local tax payers and detrimental to human lives," said ACLU of Nebraska Executive Director Becki Brenner.

The detainer program, run by the Federal Immigration and Customs Enforcement agency (ICE), involves a request from the federal government asking a local law enforcement agency to hold an individual while the federal government determines the individual's immigration status. Several law enforcement agencies around the country have refused to participate in the voluntary program. The ACLU believes the letter to all law enforcement agencies is necessary due to complaints about the program and questions from law enforcement officials.

"These requests are just that – a request from ICE to a local law enforcement agency. They do not have any force of law," said ACLU of Nebraska Legal Director Amy Miller. "When a local agency, such as Sarpy County, decides to hold someone, the local tax payers are footing the bill – not the federal government."

"In Nebraska, we are fortunate to have many law enforcement officials who are concerned by a request to hold someone when no warrant has been issued and no charge of a crime has been made," said Brenner. "Still, we have some departments that have been participating in the program. Our office has had an increasing number of complaints from individuals held by this program, including lawful residents."

One such case involves Ramon Mendoza. Mendoza, a naturalized US citizen, was pulled over in Papillion for 'windshield obstruction' – his son's boxing prize medallion, which was the size of a quarter. Mr. Mendoza was held for four days at the Sarpy County Correctional Center because they thought he might be illegal. His wife, Laura Mendoza, and children were turned away when presenting Mr. Mendoza's proof of citizenship which included his social security card, certificate of citizenship, marriage certificate and U.S. passport. This case is currently pending in federal court.

The letter, from ACLU of Nebraska Legal Director Amy Miller, was distributed to 90 county sheriff's offices, 130 police departments and the Nebraska Law Enforcement Training Academy.

Ramon Mendoza was held for four days for no reason other than being Latino

FOR IMMEDIATE RELEASE

March 1, 2013

CONTACT: Amy Miller, (402) 476-8091, This e-mail address is being protected from spambots. You need JavaScript enabled to view it

 

LINCOLN – Yesterday the American Civil Liberties Union of Nebraska filed suit in federal court on behalf of Ramon Mendoza alleging that Sarpy County Correctional Center unjustifiably and illegally imprisoned a Nebraska resident for four days simply because local law enforcement officials suspected that the man was here in violation of federal immigration laws. The case was brought by Omaha attorneys Denise Frost and Clarence Mock of the firm Johnson & Mock.

“Without any legal authority whatsoever, Sarpy County imprisoned our client for four days with no opportunity to seek counsel and no opportunity to post bail all because they thought he was an illegal alien,” said Omaha attorney Denise Frost. “Our fundamental constitutional values prohibit depriving any person of liberty without due process of law.”

Ramon Mendoza, a naturalized US citizen, was pulled over in Papillion for ‘windshield obstruction’ – his son’s boxing prize medallion, which was the size of a quarter. Mr. Mendoza was held for four days at the Sarpy County Correctional Center because they thought he might be illegal. His wife, Laura Mendoza, and children were turned away when presenting Mr. Mendoza’s proof of citizenship which included his social security card, certificate of citizenship, marriage certificate and U.S. passport.

“Members of Sarpy County’s correctional staff referred to my client as ‘spic’ and ‘wetback’ along with other derogatory phrases,” said Denise Frost.

Upon release, Mr. Mendoza was taken to a hospital and treated for dehydration and emotional distress. He has been diagnosed with PTSD. Due to the experience, Mr. Mendoza and his family moved out of Nebraska. Mrs. Mendoza has become the financial provider for the family due to Mr. Mendoza’s ongoing health problems.

“We hope this suit will serve as a wake-up call to law enforcement throughout Nebraska to stop this lawless deprivation of liberty,” said Amy Miller, Legal Director for ACLU Nebraska and co-counsel on the lawsuit. “ACLU affiliates around the country have received numerous complaints of abuses like that suffered by Mr. Mendoza. Constitutional guarantees of due process and freedom from unjustified imprisonment are violated when local law enforcement holds someone for Immigration and Customs Enforcement (ICE).”

ICE routinely issues immigration detainers to law enforcement agencies around the country as part of various immigration enforcement initiatives, including Secure Communities, the Criminal Alien Program, and 287(g). In addition to causing racial profiling and harming public safety, those initiatives raise the risk that agencies and officers will face increased claims for damages as a result of cases like Mendoza’s.

“ICE is issuing detainers by the thousands in an attempt to use state and local police and sheriffs as adjunct federal immigration officers,” said Miller. “However, police officers and jailers are always required to obey the Constitution. They simply cannot imprison a person in this way, even if an immigration detainer exists. States and municipalities open themselves to liability when they treat ICE detainers as if they were sentences imposed by a court.”