Congressman Dan Goldman and Comptroller Brad Lander Refer ICE Officer Who Assaulted Asylum Seeker to U.S. Attorney's Office for Felony Prosecution
Agent’s Willful Use of Excessive Force is Grounds for Prosecution; Depriving Victim of Fourth Amendment Rights
Victim Fled to Rep. Goldman’s Office for Safety; Comptroller Lander Assisting Coordination with Legal Assistance for the Victim and Her Family
Read the Referral Here
See Photos of Monica in Rep. Goldman’s Office Here
New York, NY – Rep. Dan Goldman (NY-10) and New York City Comptroller Brad Lander today referred the Immigration and Customs Enforcement (ICE) officer who was filmed assaulting a woman at 26 Federal Plaza to Attorney General Pam Bondi and U.S. Attorney for the Southern District of New York Jay Clayon for felony prosecution.
Yesterday, the officer was recorded on video violently and unnecessarily throwing the victim, Monica, to the ground in front of her two young children, causing her to hit the back of her head on the floor and get treatment at the hospital. The incident took place shortly after ICE agents detained Monica’s husband following a routine court appearance for his asylum application.
“Across the country, ICE agents — often masked and unidentified — are lying in wait outside immigration courts to snatch law-abiding, non-violent immigrants going through our immigration system the proper way,” said Rep. Dan Goldman. “Yesterday, during one of these arrests, an ICE agent violently assaulted a woman in front of her two children. Not only should this individual no longer work for the United States government, but the Department of Justice should aggressively enforce the criminal laws against him, consistent with the precedents set by this administration. If, as AG Bondi is fond of saying, ‘no one is above the law,’ then that must include this ICE agent, too.
“ICE’s courthouse arrest policy has turned 26 Federal Plaza into a violent and dangerous place. I’ve witnessed for months now New Yorkers – who are trying to do everything right by attending their immigration court hearings – get ripped away from their loved ones and abducted by masked agents, often in front of young children. Yesterday’s assault on one of our neighbors is just the latest escalation. Shoving a bereft woman to the ground causing injuries is a criminal act and should be investigated as such. We demand accountability for this egregious violence and an end to this lawless policy.” said Comptroller Brad Lander.
This flagrantly egregious conduct by this ICE officer is in apparent violation of 18 U.S.C. § 242 (Deprivation of Rights Under the Color of Law), which makes it a federal crime for any officer or agent acting under color of law to willfully deprive an individual of rights that are secured or protected by the laws of the United States and the Constitution. In this case, the officer, acting under the color of law, willfully used excessive physical force by throwing a young mother to the ground and thereby deprived the victim of her Fourth Amendment right to be free from unreasonable searches and seizures.
The Fourth Amendment applies to all persons in the United States, including Monica, a native of Ecuador who is lawfully seeking to immigrate to this country through a claim of asylum.
Immediately after the incident, which occurred while Comptroller Lander and State Senator Rivera were in a nearby courtroom observing immigration proceedings, Monica and her two children rushed to Rep. Goldman’s district office, which is located across the street from 26 Federal Plaza, for safety where they then explained to Congressman Goldman what happened. They were accompanied by a pastor who the Congressman and Comptroller have worked with over the past several months to protect asylum seekers who are here lawfully but are being targeted by ICE regardless. Monica was shortly thereafter rushed to the hospital for possible head trauma.
Comptroller Lander has been working to connect Monica and her family with legal assistance.
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