A military veteran who was detained by federal immigration agents in Southern California during his work trip in July is suing the federal government.
According to a lawsuit filed Wednesday with the help of the nonprofit law firm Institute for Justice, George Retts was held in a detention center for three days without information from his family, a lawyer or the charges against him, which the suit argues is unconstitutional detention.
Retes, a 26-year-old US citizen, was arrested on July 10 on his way to his job as a security guard at a farm in Ventura County that was being raided by Immigration and Customs Enforcement (ICE) agents. After Retts attempted to explain to the agents that he needed a roadblock to work, the agents smashed his car windows, removed him from the vehicle, and detained Retts without checking his identification. He was held at the Metropolitan Detention Center in Los Angeles with no clear explanation for his detention.
“George’s rights have been violated and he is filing this lawsuit not only to protect his own rights, but also to protect the rights of others,” Andrew Wymer, director of media relations at the Institute for Justice, told the Guardian. “What happened to George was clearly wrong. No one can be held for three days without being told what they did wrong, without being charged with a crime. Americans deserve justice when their rights are violated.”
In an op-ed for the San Francisco Chronicle, Retes said he missed his daughter’s third birthday party. “Then I was let go with no charges, no explanation as to why and no apology,” he added.
The lawsuit was filed against the United States government, which oversees the detention center that houses the Federal Bureau of Prisons and Retes, ICE, Customs and Border Protection (CBP), the US Navy, and the Federal Bureau of Investigation (FBI).
Current law allows individuals to sue state and local officials if their constitutional rights are violated. When it comes to federal officials, the process of suing them has become more difficult. In recent decades, the Supreme Court has narrowed its scope to bringing lawsuits against federal agents.
“We fully expect that this government will claim various immunity that they will try to dismiss the case before it really starts,” Wimmer said. “These cases are very difficult, we know what we’re doing, and it could be a years-long fight, but because we’re a public interest law firm that doesn’t charge George, it’s a fight we can take.”
The Retes case adds to growing concern over the arrest of US military veterans by federal agents. As the Trump administration ramps up its immigration crackdown in Minnesota, Mother Jones reports that a military veteran was arrested while protesting a service at a church in St. Paul. In October, the Guardian identified eight cases where military veterans sought prosecution or compensation after being detained by federal agents.
The Guardian has reached out to ICE and the Department of Homeland Security (DHS) for comment.
