Two South Burlington Residents File Federal Lawsuit Against ICE
Two residents of South Burlington have initiated a federal lawsuit against U.S. Immigration and Customs Enforcement (ICE), claiming officers employed excessive force and unlawfully detained them during a misguided immigration raid on March 11.
The American Civil Liberties Union (ACLU) of Vermont lodged the lawsuit on Wednesday under the Federal Tort Claims Act on behalf of Jose Estrada Jerez, a U.S. citizen, and Gisela Johana Patin Patin, an asylum seeker referred to as Johana. This legal action represents the first step toward seeking economic damages from the federal government.
The complaint alleges that ICE agents used excessive force and falsely imprisoned the couple when they broke into their home while executing a search warrant for another individual.
Monica Allard, chief counsel for the ACLU of Vermont, stated that monetary compensation can’t fully address the harm suffered, but it serves as a crucial tool for holding the government accountable. “It can be a powerful tool for accountability in terms of government actions,” she remarked.
This case is part of a broader initiative by the ACLU aimed at holding ICE and other federal agencies accountable for their conduct. Recently, the ACLU has filed 54 legal complaints across 17 states and Washington, D.C., alleging civil rights violations, including excessive force and illegal searches carried out by federal immigration agents.
Allard emphasized the importance of a coordinated response when the government engages in actions that instill fear within communities. “When there is a systematic effort to terrorize large segments of the population, a unified response is vital,” she said.
ICE has yet to issue a response regarding the lawsuit as of Wednesday.
Details of the Incident
During the immigration raid, Jerez and Patin Patin were at their home along with Jerez’s uncle, Patin Patin’s four-year-old daughter, and her sister when ICE agents surrounded the premises.
As night fell, hundreds of protesters gathered outside, accompanied by over 60 federal, state, and local law enforcement officers.
Following the breaching of the door with a battering ram, Jerez and his uncle were discovered lying on the floor with their hands raised, while Patin Patin and her sister were hiding in another room, according to the ACLU’s report on the raid.
Prior to the agents’ entry, Patin Patin’s daughter was safely removed from the home by other adults outside. The report indicated that ICE agents used tear gas inside the residence as they searched for the suspects, threatening to overturn furniture and force open doors. Chaos escalated when an officer inadvertently fell through the attic floor, leading to the discharge of a weapon.
After the incident, Jerez was left alone, while his uncle and sister were taken by ICE agents. Patin Patin was detained for five days before being released on bail by U.S. District Judge Jeffrey Crawford.
In a press release, Patin Patin expressed her hope that sharing her story would help others recognize the fear that immigrant families experience. “I hope that people who hear my story understand that no one should live in fear of being taken away from their children or harmed,” she stated, adding that Vermonters deserve better.
Path Forward for Action
Patin Patin is represented by the ACLU of Vermont and the law firm Monroll, Oettinger & Berquist PC, while Jerez is represented by Nathan Virag Law.
Kristen Connors, one of Patin Patin’s attorneys, criticized the actions of the agents, stating, “There was no justification for the threats made against her and her family. This reckless campaign of mass deportation places all of us in jeopardy, particularly our immigrant neighbors.”
Allard reaffirmed the ACLU’s commitment to using all available resources to counter the federal authorities responsible for the distress inflicted during the incident. The complaint filed on Wednesday marks the initial stage of legal action against ICE under the Federal Tort Claims Act. Defendants will await a six-month period or until ICE responds to the claim or negotiates a settlement.
Allard also noted the lasting impact on both Joanna and Jose, acknowledging that the effects of ICE’s actions on that day will reverberate in their lives for a significant time to come.
This article originally appeared in VtDigger and is republished with authorization as part of the Vermont Journalism Trust’s Community News Sharing Project.
