ACLU Stands With Victims of Sacramento Sheriff TRUST Act Violations
Channel: aclusac
Date: 2014-06-11

Martin and Julie Del Agua filed a legal claim against the Sacramento Sheriff over a TRUST Act violation and were represented by Angela Chan, Senior Staff Attorney, Advancing Justice -- Asian Law Caucus. The claim seeks damages for wrongful detention of the Sacramento father of two children following an abusive arrest and sends a strong warning across state.

What: News conference to announce the filing of a "tort claim" and a misconduct claim against the Sacramento County Sheriffs department, seeking damages for local father Martin del Agua. Earlier this year, Deputies wrongfully detained Mr. del Agua for two days for Immigration and Customs Enforcement (ICE) on an "immigration hold" in violation of California's TRUST Act and the U.S. Constitution. The unlawful detention followed an unjustified arrest after Sheriff's deputies went to Mr. del Agua's home for allegedly playing loud music in his garage, during which officers also used excessive force, slamming Mr. del Agua against his car and breaking his cell phone.
Following the news conference, the del Agua family and their attorney entered the Sheriff's Department to formally file the misconduct complaint. (The Tort claim will be filed with County Counsel.)

When: Wednesday, June 11, 2014, 1:00 PM

Where: Outside the Sacramento Sheriff's Office, 711 G St, Sacramento

Who:
Martin del Agua, local landscaper wrongly held on an immigration hold
Julie del Agua, local teacher and Martin's wife. Julie is a US citizen.
Angela Chan, Senior Staff Attorney, Advancing Justice -- Asian Law Caucus
Allen Asch, ACLU of Sacramento
Alma Lopez , Sacramento Immigration Alliance
Raissa Morris, Sacramento immigration attorney
Saeeda Islam, Sacramento Valley Chapter, Council on American-Islamic Relations (CAIR)
Sandy Valenciano, California Immigrant Youth Justice Alliance

Media visuals: Protest signs and banners.

Background: Under California's TRUST Act, deputies were required to release Mr. del Agua without delay following the abusive arrest over a trivial noise issue this past February. But instead, the Department held Mr. del Agua for some 48 hours extra on an unconstitutional "immigration hold" and only released him following urgent intervention from immigration attorney Raissa Morris, hours before immigration agents were to pick him up for deportation. His family -- including his US citizen wife and two children -- was terrified they would never see him again.
The hold on Mr. del Agua also violates the US Constitution, as confirmed by a major federal court ruling in Oregon this April, Maria Miranda-Olivares v. Clackamas County, No. 3:12-cv-02317-ST. That ruling -- coupled with years of community organizing --spurred more than a dozen California counties to build on the TRUST Act's protections and completely end the unconstitutional holds in local jails. The legal claim for Mr. del Agua, a prelude to a formal lawsuit, comes two months to the day after the landmark decision in Oregon.
In the wake of the del Agua case and protests from community groups, the Sheriffs Department announced in February that it would comply with the TRUST Act. The department then announced in May it would end immigration holds entirely, following the Oregon decision. But they have qualified that the policy is only temporary.
"Many law enforcement leaders in California have embraced the TRUST Act and also gone further in adopting policies of not responding to any ICE holds to comply with constitutional due process protections. Let today's filing serve as a strong warning to those who have not or those who are not properly implementing their policies. To detain community members without a valid reason violates the most basic principles of our justice system, and there are clear and costly consequences to violating these cherished rights," said Angela Chan, Senior Staff Attorney with Advancing Justice - Asian Law Caucus, which filed the claim.
In addition to Constitutional concerns, immigration holds, often generated by the controversial "Secure" Communities deportation program, have come under severe fire for undermining community confidence in local law enforcement and wasting local resources.