George Retes is suing the federal government for unconstitutional detention.
Born
26 years ago in Ventura, California, where his mother was born, he
enlisted after high school and calls the Army “the best job ever,”
adding, “I love the infantry.” He married a woman he deployed with,
thereby acquiring a stepson, soon a daughter, and a reason to leave the
Army: to avoid long absences from his children.
He
loves Ventura (“The beach is my life”), where he landed a job with a
security firm protecting an agriculture plant, which he approached by
car mid-afternoon on July 10. ICE agents wearing gas masks — indicators
of their dispositions — were blocking entry, he recounts, saying the
plant was not operating. This was not the last ICE lie.
The
ICEmen were presumably looking for undocumented immigrants. Retes’s
driver’s license, which he says the ICEmen never asked to see,
identifies him as “Veteran Army.” His license plate includes “DV”:
disabled veteran. While ICE’s warriors were trying and ultimately
succeeding in smashing his driver’s-side window (the better to pepper
spray him), they apparently did not notice his rear window’s “Iraq
Combat Veteran” sticker.
Amid
a torrent of shouted and contradictory ICEmen commands, and after he
asked for an agent’s badge number, he says, Retes was dragged from his
car, his wrists were zip-tied behind his back, and he was seated on the
roadside ground for four hours.
He
was taken to a Navy base, where he was strip searched, then on to
incarceration in Los Angeles, he says, handcuffs having replaced the zip
ties. No charges had been made against him, but a mouth swab collected
his DNA without his consent. He says his requests for a lawyer, and for a
shower to ease the discomforts of tear gas and pepper spray residues,
were ignored. After three days, during which he missed his daughter’s
third birthday, an agent told him the charges against him had been
dropped. “What charges?” he recalls asking. Silence.
When, two months later, Retes published a newspaper op-ed about his experience, ICE suddenly claimed Retes had been resisting its agents. Video from a Los Angeles television station’s helicopter monitoring ICE’s operation seems to refute the agency’s fabrication.
An anonymous spokesperson for the Department of Homeland Security, which includes ICE, dismissed Retes’s account as “garbage.” Not much of an argument, but evidence of the milieu and mentality that produces ICEmen like those Retes met.
In today’s hiring binge, ICE recruiting ads ask:
“Which way, American man?” Testosterone is the not-very-sub subtext.
Recruits will “defend the homeland,” “recapture our national identity,”
stymie an “invasion,” halt “cultural decline” and even save
“civilization.”
Something
uncivilized is indeed happening. What jobs, if any, are recruits
leaving for the glory of donning battle gear and masks (hiding what from
whom?) and roaming U.S. communities, throwing their weight around and
throwing unarmed people to the ground?
Retes had never been east of Texas before coming to Washington last week. He and an Institute for Justice attorney (Anya Bidwell, born in Kyrgyzstan, reared in Ukraine, serious about liberty), visited congressional offices urging legislators to facilitate holding federal officials accountable. Retes wants to add the italicized five words to an existing statute:
“Every person who, under color of any statute … of the United States or
of any State … subjects, or causes to be subjected, any citizen … to
the deprivation of any rights, privileges, or immunities secured by the
Constitution and laws, shall be liable to the party injured…”
Trying
to interest today’s legislators in legislating is, however, difficult.
Furthermore, Republicans who control the supposed legislative branch are
reluctant to risk seeming less ferocious than ICE’s make-believe
warriors are regarding the supposedly uncivilized in our midst.
A 1971 Supreme Court ruling opened the door for holding abusive federal agents accountable for constitutional
violations. Subsequent cases, however, have almost closed the door.
This might explain ICE agents’ aura of impunity when abusing Retes for
days.
How
many appalling incidents are occurring during today’s tsunami of
sometimes lawless “law enforcement”? ICE might not know and, if it does,
might not speak truthfully.
Retes,
who laughs easily and often, is ebullient, not angry. He is merely
miffed about the difficulty of holding accountable those whose behaviors
besmirch the reputation of the nation he served.