Collateral Arrests Raises Allegations of Racial Profiling

According to a recent L.A. Times article, Immigration and Customs Enforcement (ICE) agents regularly engage in targeted raids of undocumented immigrants; however, many of those arrested during these raids are “collateral arrests,” which means that ICE arrested them not because they were the targets of the raids, but because they simply happened to be in the wrong place at the wrong time. For instance, ICE agents recently arrived at an automotive shop in South Los Angeles with a warrant for the shop’s owner, who was subject to an outstanding deportation order for multiple DUI convictions. However, the agents wore vests reading “Police” and never asked anyone about their immigration status before proceeding to arrest all employees of the business. Immigration advocates allege that these collateral arrests amount to racial profiling and a violation of constitutional rights. While some of those collateral arrests are of immigrants with criminal records, many do not. This example is illustrative of the shift in policies by the U.S. Department of Homeland Security, which stripped all priorities from the immigration enforcement process. Rather than focusing on recent border crossers and immigrants with criminal records, as was the case during the Obama administration, ICE agents are arresting immigrants who accompany family members to ICE check-ins, who are waiting for a ride to work with a targeted co-worker, or who are present in the same home or business as a targeted immigrant. Most immigrants arrested by ICE, however, have no means of accessing legal counsel, and they are not entitled to legal representation under federal immigration law. As a result, even if an arrest was unconstitutional, an immigrant detainee is unlikely to know how to raise such a legal claim. When you or a loved one are detained and face deportation for any reason, Landerholm Immigration, A.P.C. is here to help. We care about you, your family, and your ability to remain in the U.S. As a result, our California deportation defense lawyers stand ready to build the strongest possible deportation defense case on your behalf. Contact your Oakland immigration lawyer today and learn how we can advocate for you and your family in your deportation proceedings.