Can U.S. Citizens Sue ICE for Unlawful Harassment and Arrest?
Recently, a Jamaican national subject who was illegally present in the United States was apprehended in New Jersey and subject to a final order of removal. Richard Alfanso Smith, 48, tried to evade his arrest when a routine enforcement operation was conducted in Basking Ridge, NJ. However, through a collaboration between ICE officers and local law enforcement in New Jersey, Smith was arrested and detained pending removal from the country. With an extensive criminal history of 15 arrests, including assault, burglary, disorderly conduct, and harassment, Smith did not behave in a manner that is consistent with the country’s immigration laws.
According to U.S. Immigration and Customs Enforcement (ICE), the first 100 days of the new Trump administration were marked by sweeping and aggressive ICE raids, along with a record number of immigration enforcement actions within the country. While ICE indicates that three in four arrests are criminal illegal aliens, some U.S. citizens have mistakenly been caught in the mix.
If you are a U.S. citizen and you were robbed of your civil and constitutional rights in the United States and harassed or assaulted by ICE agents, then this type of government overreach cannot be allowed. You can take legal action to secure financial compensation for the damages you suffered. For more information on what to do after an improper arrest or treatment by ICE, call our civil rights attorney at Monaco Law PC.
Man Sues ICE For Unlawful Arrest and Detention
Not too long ago, Brian Bukle, 61, filed a lawsuit with the help of the ACLU of Northern California and in conjunction with the Asian Americans Advancing Justice against ICE. Buckle alleges he was unlawfully arrested and detained by ICE, which resulted in a 36-day detention in the Mesa Verde ICE Processing Facility in Bakersfield, CA. He was released from custody and had his deportation case dismissed only when it was established that Bukle was actually a U.S. citizen. Despite being born in the British Virgin Islands, Bukle became a U.S. citizen at the age of 9 once his parents became naturalized U.S. citizens themselves.
Buckle is now suing ICE for arrest and imprisonment, malicious prosecution, intentional infliction of emotional distress, and negligence. He maintains that the trauma he suffered as a result of the maltreatment he received by ICE agents and the detention he was subjected to still haunts him, and he has sustained long-term emotional distress and nightmares.
Speak to a New Jersey and Pennsylvania Personal Injury Attorney Today
ICE is not immune from legal penalties if they act outside of the law and harm U.S. citizens. For help with a civil claim after an unlawful interaction with ICE, please call our personal injury lawyer at Monaco Law PC at (609) 277-3166 for our New Jersey office and (215) 546-3166 for our Pennsylvania office to discuss your case today.
We are a New Jersey and Pennsylvania personal injury law firm serving Atlantic County, Bucks County, Burlington County, Cape May County, Camden County, Chester County, Cumberland County, Delaware County, Gloucester County, Mercer County, Middlesex County, Monroe County, Montgomery County, Philadelphia, Ocean County, Salem County, Susquehanna County and all of New Jersey.
Source:
ice.gov/news/releases/ice-newark-law-enforcement-partners-arrest-illegal-alien-new-jersey-extensive
