Immigrants Detained in Chicago Military-Style Raid Seek Millions in Damages

On the night of the military-style raid at a Chicago apartment complex, a loud boom woke the Nigerian man who lived in Unit 215. Tolulope Akinsulie stood up from his bed and saw heavily armed federal agents rushing into his apartment. He then felt the jaws of a large dog biting into his right ankle, knocking him to the floor. Akinsulie screamed as the dog tore the flesh from his ankle, thighs, hip and wrist. 

Down the hall, agents took a Venezuelan mother and her 16-year-old son from their apartment at gunpoint to another unit. There, they saw agents hit a man with what looked like the butt of a  rifle and kick another who was lying on the floor. As he watched, her son began to hyperventilate.

“Here is another one,” agents said about a Mexican man who lived in Unit 502, before zip-tying his hands behind his back and marching him out of the building. Agents told the man he wasn’t welcome in the United States, took his city of Chicago identification card and ripped it up in front of him. 

While much has been documented about the Sept. 30 raid by the U.S. Department of Homeland Security, new accounts from 17 men, women and children detained that night paint a violent and terrifying portrait of how the federal agents conducted the operation.

Their descriptions form the basis of administrative claims filed on their behalf Tuesday against DHS and several other federal agencies that took part in the midnight raid in Chicago’s South Shore neighborhood.

The claims mark the tenants’ first step toward seeking accountability, their lawyers said, as well as millions of dollars in damages, for federal agents’ actions during the raid, a key moment in the Trump administration’s immigration crackdown in Chicago. The claims allege that agents didn’t have warrants before entering apartments.

“There was no reason to do me like that,” Akinsulie said in an interview with ProPublica. His body still bears the dark scars from the dog bites. The complaint, he said, is meant to send a message that officials are not above the law. “Everybody can get a check and balance,” he said. “People have to learn how to act right.”

The claims allege that federal agents caused physical injuries, emotional trauma, “brutal detention” and financial loss. Each of the claimants — 15 are immigrants, and two are U.S. citizens —  is seeking about $5 million, an amount the attorneys believe is comparable to similar court judgments in Chicago.

“There is no amount of damages that will compensate our clients for the trauma they experienced that night,” said Susana Sandoval Vargas, the Midwest regional counsel for the Mexican American Legal Defense and Educational Fund, a national Latino civil rights organization that is representing some of the tenants. “It is about holding the federal government accountable for their unlawful actions.”

A DHS spokesperson said Wednesday that the “operation was performed in full compliance of the law” and that tenants are not owed compensation. “DHS is taking appropriate and constitutional measures to uphold the rule of law and protect our officers and the public from dangerous criminal illegal aliens.”

The spokesperson did not respond to questions about Akinsulie’s injuries. But federal immigration agents have said they issued verbal warnings as they entered Akinsulie’s unit and believed he had been trying to hide and evade arrest, according to documents filed in an unrelated lawsuit. Akinsulie said he was in a deep sleep and did not hear any warnings or the dog barking.

Within DHS, the South Shore tenants’ claims also were submitted to U.S. Customs and Border Protection, U.S. Border Patrol and U.S. Immigration and Customs Enforcement. In addition, they were sent to the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Federal Bureau of Investigation, neither of which responded to questions from ProPublica.

An 18th claim also was filed Tuesday on behalf of a tenant who was detained outside the building a week before the raid and lost property.

The Federal Tort Claims Act provides one of the only avenues for people who believe they were harmed by federal employees acting unlawfully and allows for compensation for emotional distress, property damage, injury or death. If the agency does not respond or settle a claim within six months, or if it denies a claim, individuals can then file a lawsuit. 

DHS would not say how many claims have been filed since last year. But already there have been dozens across the country: A pregnant woman in California said she went into premature labor after being detained and shackled. A Marine Corps veteran said he was tackled by federal agents while protesting in Oregon. A Chicago alderperson said agents swore at her, shoved her and handcuffed her after she questioned their presence in a hospital emergency room. The DHS spokesperson said the three individuals were obstructing or interfering with law enforcement.

In interviews, a half dozen attorneys said they expect to see more claims in the coming months. “Hopefully this case and others will be a check against the most aggressive and reckless forms of (immigration) enforcement,” said Mark Fleming, an attorney with the National Immigrant Justice Center, which worked on the case along with MALDEF, the Immigrants’ Rights Clinic at the University of Chicago and the MacArthur Justice Center.

During the South Shore raid, some 300 heavily armed agents stormed the dilapidated, five-story building; some descended from a Black Hawk helicopter. They hurled flash grenades, broke down apartment doors and zip-tied dozens of immigrants and U.S. citizens who lived in the building. The drama was captured by a television crew that accompanied agents.

The Trump administration repeatedly justified its actions by claiming it had intelligence that the Venezuelan gang Tren de Aragua had taken over the building, and that there were guns, drugs and explosives inside. ProPublica journalists, who over the past several months have interviewed 16 of the 37 immigrants detained that night, previously reported that there was little evidence to back the government’s claim. To this day, federal prosecutors have not filed criminal charges against anyone who was arrested.

The tort claims detail what families, including those with young children, allegedly experienced during the raid. A Venezuelan mother and father huddled together in their apartment with their four children, the youngest a 1-year-old U.S. citizen, who “screamed and cried in terror” while agents pointed guns at them. Agents marched them outside in their pajamas and separated the father. One of the boys, now 9, had a panic attack, according to the claim.

DHS officials previously insisted children were not zip-tied, but the account from the 16-year-old boy who hyperventilated at the sight of agents assaulting immigrants said he and his mom were zip-tied outside the building. DHS called that an “abject lie” and said no children were handcuffed or restrained. 

While the tenants were detained, the records allege, many of their possessions were stolen or lost: shoes, Playstations, smartphones, jewelry, mattresses, a backpack with $1,300 in cash and toys. Several reported losing their vehicles, too.

The raid upended tenants’ lives. Many of the immigrants, mostly Venezuelan, have already been deported. Many U.S. citizens who lived in the building, including some on public housing assistance, were forced to relocate late last year after a judge ordered the building shuttered for safety issues and code violations.

José Miguel Jiménez López, 42, the Mexican man who lived on the fifth floor, worked as a welder in Chicago before the raid disrupted his life. Jiménez said he wasn’t a gang member or involved in criminal activity. So even when agents pointed guns at him, zip-tied his hands and told him to go back to his country, he thought they would let him go. They didn’t.

Over the next four months, he was shuttled to detention facilities in Indiana, Kentucky and Louisiana before being released at the Mexico border in February. He is now living in his childhood home in the state of Guanajuato. “I have friends and family who are still there, and they are afraid,” he said in an interview. “I wouldn’t like to see them go through what I had to go through.”

His claim details harsh conditions at the facilities, including insufficient food and water, constant air conditioning during winter and little time outside. Others described getting sick from the drinking water, a lack of adequate medical care and a constant worry that they would never see their loved ones again. The DHS spokesperson said the “safety and well-being of detainees are prioritized” and that detainees have access to medical care and nutritious meals.

In his claim, Jiménez alleged that “ICE officers treated him and other detainees as if they were sub-human and not entitled to basic dignity or respect.” He said he lost $3,000 worth of property, including a TV and a drill. 

Meanwhile, the Venezuelan woman and her 16-year-old son were transferred to the Dilley Immigration Processing Center in Texas. They spent three weeks there until they were released into the U.S. on electronic monitoring. The woman now has trouble sleeping, while her son sees a psychiatrist to process what happened that night. 

Akinsulie, 42, said he is grateful to be alive. A devout Christian, he finds peace reading the Bible and in prayer. But while he was in detention, he had so many nightmares that he needed to see a psychiatrist. He dreamed about dogs barking behind him. Chasing him. Talking to him.

“The one that really baffled me was when the German shepherd was chasing me. Then I was running,” Akinsulie said. “The German shepherd was about to bite me. That really scared me because I don’t want no more bites.”

The nightmares stopped after he was released in March; the government had conceded that he and others had likely been arrested unlawfully. Akinsulie, who said he has lived in Chicago since 2007, has no criminal history, according to the arrest report from the night he was detained. 

He is back in Chicago now, staying with a friend and doing odd jobs. He finds it difficult to stand for a long time, and sometimes pain shoots from his hip to his right foot. Once an avid soccer player, he said he can’t kick the ball or run like he used to. He worries that the injuries might be permanent, but he can’t afford to see a doctor.

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المصدر: ProPublica