Para leer la queja en español, haga clic aquí.
WASHINGTON, D.C. – José Ricardo Villalta Canales (“Mr. Villalta”) was illegally detained by the Maryland Department of Natural Resources Police (“DNR Police”). Mr. Villalta was assisting a relative to cut down a dead tree. He lacked a tree expert license, which is an offense under Maryland law that carries a penalty of a fine. DNR Police entered the property where Mr. Villalta was working, questioned him, and quickly determined he lacked the necessary license. Rather than give him a citation, the officers detained him while they determined whether Mr. Villalta had committed a civil violation of immigration laws. Upon learning from Immigration and Customs Enforcement (“ICE”) that he had committed a civil violation, the officers arrested Mr. Villalta—without any suspicion that he had committed a crime—for the sole purpose of holding him until ICE could arrive to take him into its custody.
Mr. Villalta, who has not been charged with a crime, has spent over 100 days in ICE detention, fearing imminent deportation. This abuse of power upended Mr. Villalta’s life, separating him from him family and community; has caused a fear of law enforcement throughout his community; and violated the United States Constitution.
DNR Police operates across the State of Maryland to enforce state laws related to the preservation of the state’s natural resources as well as boating, fishing, and hunting violations. Its police force has no authority to hold individuals suspected of civil immigration violations. The DNR Police officer ostensibly held Mr. Villalta for ICE because ICE had issued an administrative warrant against him for a civil immigration offense. Civil immigration violations are not criminal offenses. Unlike criminal warrants, civil immigration warrants do not provide state or local law enforcement agencies with a basis to arrest or even briefly detain noncitizens, such as Mr. Villalta. ICE warrants are not issued by a neutral and impartial judge or magistrate and do not require a showing of probable cause that a crime was committed.
Mr. Villalta has filed suit, represented by the Washington Lawyers’ Committee for Civil Rights and Latham & Watkins LLP, to challenge the illegal, discriminatory conduct of the Department of Natural Resources Police Officers. This case challenges the unlawful detention and arrest he suffered in violation of the Fourth Amendment to the U.S. Constitution. This suit further alleges that the State of Maryland and the Department of Natural Resources’ discriminated against Mr. Villalta on the basis of his race, color, ethnicity, or national origin under Title VI of the Civil Rights Act of 1964.
“It took the police officers five minutes to fine Mr. Villalta for a tree-cutting violation.” Azadeh Erfani, associate counsel for the Washington Lawyers’ Committee stated. “They should have let him go at that point, but chose instead to engage in civil immigration enforcement and violate Mr. Villalta’s constitutional and statutory rights. No immigrant can feel safe if a benign interaction with Maryland state police can result in ICE detention and imminent deportation.”
CASA is working with jurisdictions across the region to ensure that local police are not engaged in the civil enforcement of immigration laws and that police practices are designed to promote, rather than destroy, trust between police and immigrant communities. Since Mr. Villalta’s detention and arrest, CASA has engaged with DNR, State officials and Maryland elected officials to change policy, training, and practices of the DNR Police.
Mr. Villalta is represented by Emily Gunston and Azadeh Erfani of the Washington Lawyers’ Committee for Civil Rights and Sarah Tomkowiak, Christian Word, and Clayton LaForge of Latham & Watkins LLP.
To read the complaint, click here.
Para leer la queja en español, haga clic aquí.
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Contact:
Gregg A. Kelley, Washington Lawyers’ Committee
Office: 202.319.1070
Cell: 202.390.6448
[email protected]
About the Washington Lawyers’ Committee for Civil Rights and Urban Affairs:
Founded in 1968, The Washington Lawyers’ Committee for Civil Rights and Urban Affairs works to create legal, economic and social equity through litigation, client and public education and public policy advocacy. While we fight discrimination against all people, we recognize the central role that current and historic race discrimination plays in sustaining inequity and recognize the critical importance of identifying, exposing, combatting and dismantling the systems that sustain racial oppression. For more information, please visit www.washlaw.org or call 202.319.1000. Follow us on Twitter at @WashLaw4CR.
About Latham & Watkins:
Latham & Watkins delivers innovative solutions to complex legal and business challenges around the world. From a global platform, our lawyers advise clients on market-shaping transactions, high-stakes litigation and trials, and sophisticated regulatory matters. Latham is one of the world’s largest providers of pro bono services, steadfastly supports initiatives designed to advance diversity within the firm and the legal profession, and is committed to exploring and promoting environmental sustainability.