An army veteran detained by federal immigration agents in southern California during his work commute in July has filed a lawsuit against the federal government.
According to the lawsuit, filed on Wednesday with the help of the nonprofit law firm Institute for Justice, George Retes was held in a detention center for three days without access to his family, an attorney, or any information about the charges against him, in what the suit argues was an unconstitutional detention.
Retes, a 26-year-old US citizen, was arrested while on his way to his job as a security guard at a farm in Ventura county, where a raid by Immigration and Customs Enforcement (ICE) agents was underway on 10 July. After Retes attempted to explain to agents blocking the roadway that he needed to get through to work, agents shattered his car window, removed him from the vehicle, and detained Retes without checking his identification. He was later held at the Metropolitan Detention Center in Los Angeles without a clear explanation of his detainment.
“George’s rights were violated, and he is filing this lawsuit, not only to protect his own rights, but to have the rights of others be protected too,” Andrew Wimer, director of media relations at the Institute for Justice, told the Guardian. “What happened to George is clearly wrong. No one can be held for three days without being told what they’ve done wrong, without being charged with a crime. Americans deserve justice when their rights have been violated.”
In an op-ed for the San Francisco Chronicle, Retes said he missed his daughter’s third birthday party. “Then I was just let go, with no charges, no explanation for why and no apology,” he added.
The lawsuit was filed against the United States government, which oversees the Federal Bureau of Prisons and the detention center where Retes was held, ICE, Customs and Border Protection (CBP), the US navy, and the Federal Bureau of Investigation (FBI).
Existing legislation allows individuals to sue state and local officials if those officials violate their constitutional rights. When it comes to federal officials, the process to file a lawsuit against them has become increasingly difficult. In recent decades, the supreme court has narrowed when lawsuits against federal agents can be brought.
“We fully expect this government will claim various immunities, that they will try to get the case dismissed before it can really get started,” said Wimer. “These cases present a lot of difficulties, we know what we’re in for, and it might be a years-long fight, but because we’re a public interest law firm that will not be charging George, this is a fight that we can take on.”
Retes’s case adds to the growing concern of arrests of US military veterans by federal agents. As the Trump administration ramped up its immigration crackdown in Minnesota, an army veteran was arrested while protesting a service at a church in St Paul, Mother Jones reported. In October, the Guardian identified eight cases where military veterans were prosecuted or sought damages after being detained by federal agents.
The Guardian has reached out to ICE and the Department of Homeland Security (DHS) for comment.
