U.S. Citizen Job Garcia Sues Department of Homeland Security for Unlawful Arrest by ICE Agents

U.S. citizen and Los Angeles resident Job Garcia is suing the Department of Homeland Security and seeking $1 million in recompense after being arrested while filming an immigration raid at a Home Depot in Hollywood last month. Garcia was tackled, arrested and detained for 25 hours, according to the Mexican American Legal Defense and Educational Fund (MALDEF), the advocacy group representing him. Garcia is a 37-year-old photographer and PhD student at Claremont Graduate University.Arrests have taken place across the nation as federal immigration enforcement efforts escalate. At Home Depot stores specifically, several ICE raids and arrests took place last month, leading to large demonstrations. The National Guard was deployed as a result of protests across L.A. Garcia’s claim was submitted Tuesday under the Federal Tort Claims Act (FTCA), which allows individuals to hold the federal government liable for wrongful acts of employees within the range of their duties, according to the U.S. House of Representatives. The formal FTCA notice is necessary before filing an official lawsuit.The complaint by MALDEF details the arrest and maltreatment, describing how agents behaved violently and acted in a racist manner.

“The Border Patrol, ICE, and other agents lacked reasonable suspicion or probable cause to believe that Mr. Garcia had violated any law. Their actions were instead racially motivated and in retaliation for Mr. Garcia recording the Home Depot raid with his smartphone,” the complaint asserts.Despite stating multiple times that he was a U.S. citizen, Garcia was taken to the federal Metropolitan Detention Center in downtown Los Angeles, where he was held for a total of 25 hours. He was then released “without arraignment or notification of charges.”Garcia experienced “physical injury, emotional distress, and economic losses,” according to MALDEF. Agents are being held liable for false arrest, false imprisonment, battery, assault, property damage and personal injury.The complaint also states that the agents’ conduct was unconstitutional in that it violated Garcia’s “First Amendment rights to free speech and to record and photograph matters of public interest, his fourth Amendment right to be free from unreasonable search and siezures, and the Fifth Amendment rights to remain silent and be afforded due process.”…

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