ICE officer threatened to break car window before arresting asylum seek
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PORTLAND, Ore. — Another asylum seeker has been detained by U.S.
Immigration and Customs Enforcement (ICE) shortly after his court
hearing, with witness video showing plainclothes agents putting him
into a black SUV. The man's immigration attorney was with him.
Court documents state that "After court he was followed by ICE
agents and told if he did not leave his car, ICE agents would break
the window to remove him."
Witnesses said they saw an agent reach into the car to unlock the
door, before the man came out the car, and was then handcuffed and
taken to the black SUV.
“The men who were standing outside of the car were in plain clothes
and had masks over their faces," said Tristen Edwards, who recorded
the incident.
She was pulling into work with her husband, Grant Hartley, when
they saw the vehicles pulled over on the side of the street.
"It was an incredibly distressing thing to watch. I could tell that
both the legal representative and the other people who were in the
vehicle were incredibly distressed about what was happening," said
Edwards, who works at the public defenders office as lead attorney
for restorative justice.
Hartley, who is also the Multnomah County director for metropolitan
public defenders, said it all happened so quickly.
“I've seen a lot of arrests. This was very fast," he said.
The couple said agents picking up people after hearings like this
will only cause a negative ripple effect.
"When somebody is deciding whether to call the police because
they've been burglarized or their car has been stolen or they've
been assaulted, they're going to be hesitant because they see a
badge, and whether it is ICE or whether it's Portland Police
Bureau, it is a badge," said Hartley.
“That means we're going to have a community out there who is
really just abandoned. And that's really sad. That's just... it's
tragic," he continued.
This is the fifth known case in Portland in which asylum seekers
are often forced to consider either showing up to their immigration
hearings and risking being detained outside the courtroom, then
deported — or skipping their hearings and forfeiting their case to
be in the U.S.
RELATED: Latest Portland courthouse arrests bring asylum seeker
detentions to four in week
The asylum seeker, E-A-T-B, was detained Wednesday morning, and his
attorneys have filed a petition in federal court, saying that his
due process rights have been violated, as well as requesting that
he not be moved from Oregon.
“When you file a habeas petition, you're asking the court to
recognize that the detention is unlawful and that it must end, and
that that person must be released," said Edwards.
E-A-T-B's detainment
E-A-T-B, from Colombia, has lived in the state with his family and
"has been compliant with the conditions of release" under the
Alternatives to Detention program after coming to the U.S. to seek
asylum, according to the habeas corpus petition. He has no prior
criminal history and has never been removed from the U.S, his
attorney said.
He has an active immigration case. According to court documents
when he last appeared in court on June 5, the Department of
Homeland Security (DHS) moved to dismiss his case on the basis of
"changed conditions." When E-A-T-B appeared in court again June 18
with his mother, DHS withdrew the motion to dismiss. His attorney,
Yessenia Martinez, requested a motion for consolidating his case
with his mother's, and DHS "requested time to respond"; the judge
then permitted them to file a response by June 30.
Martinez said she got a call that E-A-T-B and his mother were being
followed by ICE agents, who were masked, and then pulled over the
car. Martinez showed up at the stop and said one of the ICE agents
claimed E-A-T-B had missed his check-in. Martinez says she
immediately provided proof that he had not.
The agent then told E-A-T-B's attorney that detaining him was "part
of our enforcement priorities," claiming to "be in danger" as
bystanders were recording the events. The ICE agent threatened to
"break [E-A-T-B]'s car window to remove him from the car" and
charge him with resisting arrest.
As Martinez was translating for E-A-T-B, the ICE agent reached into
the car, unlocked it and put him in handcuffs, telling the attorney
that they were taking him to the Portland ICE facility, then left.
When Martinez went to try and talk to her client, she said the
Portland ICE facility was closed, and a U.S. Customs and Border
Protection (CBP) agent told her that people were not being brought
there, contradicting what the ICE agent said. Another security
guard told Martinez the location was closed due to the area's
protests and "would remain closed 'for however long the protesters
allowed it to remain closed.'"
She said it was unexpected that he was detained right after the
hearing, especially given his case was continuing.
"I didn't think he would necessarily be detained in the manner
that he was detained, and I thought that after the case was going
to continue, that he wasn't necessarily at risk for being detained
because he had been following all his requirements," she said.
"People are getting detained even though they're following the
requirements, even though they're going to court, people are
getting detained at court, which is with those motions to dismiss.
And in a sense, it is a violation of due process and their rights,"
Martinez also said.
The CBP agent said she could speak to E-A-T-B at the ICE facility
in Tacoma. She had to leave without seeing E-A-T-B that day.
'I just have a phone'
The arrest account was corroborated by Edwards, who, according to
court documents, was driving into work with her husband when they
noticed two vehicles blocking the parking garage's entrance around
9 a.m. Edwards got out of the car and took out her phone.
As she approached, she described three ICE agents, all masked, and
heard one of them say "we are on the streets of Portland, and we
need to consider officer safety," seemingly in regard to Edwards
filming the interaction.
She replied, "I just have a phone," continuing filming for another
30-40 seconds, only stopping to notify her office that ICE was
outside the building. Just before Edwards restarted filming, she
says one of the ICE agents reached his arm through the driver's
side window; the door opened and E-A-T-B got out of the car, then
was detained by two ICE agents.
All three agents then put E-A-T-B into the back of their vehicle.
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