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THE LOS ANGELES RAPID RESPONSE NETWORK
How Advocates Prepared for and What They Learned from the Recent
Workplace Raid in Van Nuys
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IMMIGRANTS’ RIGHTS UPDATE, Vol. 22, Issue
5, June 19, 2008 |
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By
MARIELENA HINCAPIÉ, Director of Programs,
and
KAREN TUMLIN, Staff Attorney
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Shortly
after the second shift got under way at Micro Solutions
Enterprises (MSE), a manufacturer of toner cartridges and
inkjets in Van Nuys, Calif., hundreds of workers’ lives suddenly
were thrown into chaos. That Thursday (Feb. 7, 2008),
approximately 100 armed U.S. Immigration and Customs Enforcement
(ICE) agents stormed into the plant, whose exits they had first
sealed off. Agents ordered workers to stop what they were
doing and to segregate themselves based on their immigration
status: U.S. citizens were to form one line, lawful
permanent residents or those who were otherwise authorized to
work were to form a different line, and those who were in the
U.S. without papers were ordered into a separate line. ICE
agents handcuffed the men. They then herded all the workers into
the cafeteria. The agents would not release documented
workers or U.S. citizens until they presented evidence of their
lawful immigration status. Workers were not free to leave
and had no choice but to go into the holding area ICE had set
up. Workers, including pregnant women and parents of small
children, were not allowed to use their cell phones or the
bathroom. Agents then individually questioned those who
were in the line for undocumented people, to assess whether they
should be released on humanitarian grounds.
ICE had arrest warrants for
eight MSE employees charged with criminal violations relating to
alleged identity theft, but the agents did not limit their
enforcement operation to those workers. Instead, they detained
approximately 150 workers. About 50 of these workers, mostly
women, were released that evening on humanitarian grounds. The
approximately 100 remaining workers were detained at the plant
and then taken to ICE’s facility in downtown Los Angeles for
processing (Van Nuys is a community within the San Fernando
Valley area of Los Angeles). ICE also simultaneously raided the
homes of workers who had not shown up for work at MSE that day,
including some who were no longer employed by MSE. Finally, ICE
detained other “collaterals” at the plant who had never worked
at MSE. For example, a woman who sold tamales outside MSE and
had entered the plant to use the bathroom was caught up in the
raid. And, reportedly, ICE agents pulled a man out of his car
and detained him after he drove into the MSE parking lot to make
a U-turn.
* * *
Recent vigorous enforcement
efforts by ICE — such as the Van Nuys raid — have ripped apart
immigrant communities and families, separating children from
their parents, in some cases leaving the children abandoned or
in foster care while ICE detains their parents. ICE has taken
record numbers of workers into custody, disrupting businesses
and devastating local economies as employers lose some of their
most productive employees. During their raids, ICE agents have
indiscriminately targeted workers who fit certain racial/ethnic
profiles and, as a result, ICE has wrongfully detained, and even
deported, U.S. citizens and lawful permanent residents. Most
recently, ICE has treated immigrant workers as criminals,
requiring those whom the agency has detained and released
pending further proceedings to wear electronic “ankle bracelet”
monitors.
That afternoon of Feb. 7, a
“raids rapid response network” of organizers, attorneys, and
other advocates began to coalesce even while the raid was in
progress. During the ICE action and in its aftermath, this
network’s members learned valuable lessons that we hope will
benefit efforts across the country to advocate for an end to
these inhumane raids and for just immigration reform that brings
families and workers out of the shadows and onto a clear path to
legal status.
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Initial rapid response
by advocacy network. Per DHS’s recently developed “Guidelines
for Identifying Humanitarian Concerns among Administrative
Arrestees When Conducting Worksite Enforcement Operations” (see
box, this page), an unidentified Dept. of Homeland Security (DHS) official left a
telephone message at the Coalition for Humane Immigrant Rights
of Los Angeles (CHIRLA) informing CHIRLA that the raid was in
progress. CHIRLA staff called the telephone number the DHS
official had left and were able to confirm that a raid was
taking place in Van Nuys, though DHS refused to provide details
about the actual location. The person who answered CHIRLA’s
phone call said DHS was contacting nonprofits in the area so
that the nonprofits could help assist families in locating their
detained family members.[1]
CHIRLA then contacted the ACLU of Southern California, which in
turn contacted key organizations such as the Central American
Resource Center of Los Angeles (CARECEN), the local chapters of
the National Lawyers Guild (NLG) and the American Immigration
Lawyers Association (AILA), NILC, UNITE-HERE Local 11, and
others that had already begun organizing to prepare for an
immigration raid in the Los Angeles area.
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ICE HUMANITARIAN
GUIDELINES
As a direct result of the advocacy efforts by
immigrants’ rights groups across the country, especially
those in New Bedford, MA, who denounced ICE practices
that left numerous children abandoned after their
parents were detained in other worksite raids, ICE
developed voluntary “Guidelines
for Identifying Humanitarian Concerns among
Administrative Arrestees When Conducting Worksite
Enforcement Operations.” ICE agreed to
develop a comprehensive plan to identify any individuals
arrested on administrative immigration charges who are
the sole caregivers of minor children or of disabled or
seriously ill relatives or who have other humanitarian
concerns — i.e., people with serious medical conditions,
pregnant women, nursing mothers, and parents needed to
support spouses in caring for sick or special needs
children or relatives. Prior to conducting any large
worksite raid, ICE is supposed to coordinate with the
U.S. Department of Health and Human Services’ Division
of Immigration Health Services (DIHS) to provide
sufficient personnel to screen the humanitarian needs of
detainees. If DIHS is unable to support ICE, ICE is
supposed to coordinate with an appropriate state or
local social service agency or contract personnel to
provide humanitarian screening. |
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CHIRLA members in the San
Fernando Valley confirmed that they had seen DHS buses near the
MSE plant. An organizer from CHIRLA and an attorney from ACLU
went to the MSE plant immediately, while the raid was still in
progress, but ICE agents would not let them into the plant
parking lot, claiming that the employer was not consenting that
they should enter. At the same time, other members of the
response network, including an attorney, arrived at the ICE
processing center in downtown Los Angeles where the workers were
being transported. The attorney informed an ICE official that
she represented the workers and asked to see them. The ICE
official refused to let the attorney speak with the detainees,
citing “security concerns.” Members of the response network
also immediately organized two conference calls to divide up
work. Our immediate goal was to get as many workers released as
possible, so they could obtain free legal consultation and we
could gather facts from them about how the raid had been
conducted in order to develop our organizing and legal
strategies.
The next 24 hours were
chaotic. Friday morning, Feb. 8, many relatives of the detained
arrived at ICE’s downtown facility, searching for their family
members. Although ICE had set up a toll-free information number
and provided it to the media, the ICE representative who
answered the resulting calls was unable to provide current
information, leaving detainees’ relatives uncertain and
distressed about where their loved ones might be.[2]
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[2] The DHS guidelines provide that ICE should set up a
toll-free hotline for relatives who are seeking information
about the location of a family member to call. The information
should be up-to-date and staffed by bilingual personnel who
speak Spanish and English. ICE is supposed to publicize the
number to the community.
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