Woman Allegedly Detained By Immigration Enforcement Sues Because She’s A Citizen

A California woman filed a lawsuit Tuesday against United States Immigration and Customs Enforcement (ICE) for allegedly detaining her despite the fact that she had been a citizen for more than 20 years.

Guadalupe Plascencia, 60, said she was detained by the Ontario, California, police department Mar. 29, when she attempted to collect her gun from the police station. The department, which was also named in the suit, retrieved the weapon from her car when it was involved in an accident, according to Mercury News.

“Instead of walking out with her things, however, Ms. Plascencia found herself under arrest,” the lawsuit said. “To her shock and dismay, the San Bernardino County Sheriff’s Department took her into custody and handed her over to [ICE] agents that arrested, handcuffed, and detained her – even though Ms. Plascencia repeatedly told both county and federal officers that she is an American citizen and offered to provide documents showing this to be true.”

The American Civil Liberties Union (ACLU) of Southern California was helping Plascencia with the suit.

Plascencia had a permit for the gun and was initially arrested by police on a 10-year-old warrant for not appearing in court as a witness, a matter which has since been resolved, according to the ACLU.

The lawsuit said that the database that ICE uses does not contain naturalization records prior to 1994 and contains “spotty information” prior to 2008.

After Plascencia was arrested for the old warrant, ICE sent the San Bernardino Sheriff’s an immigration retainer to keep her custody for up to 48 hours. Plascencia consented to be interviewed by ICE by signing a form. The form is part of a California law that took effect this year that aimed to have more transparency in immigration holds.

The sheriff’s department said that after Plascencia was released from their custody, she was detained by ICE and taken to their office in San Bernardino. Plascencia’s lawyers said that ICE made fun of her, threatened to deport her and did not listen to her repeated claims that she was a citizen. ICE then called her daughter who showed up with her passport, after which she was released.

“Ms. Plascencia’s ordeal was entirely preventable if officers had taken a moment to properly investigate her citizenship and listen to her repeated pleas that she was a lawful U.S. citizen,” said James M. Perez, one of Plascencia’s attorneys, in a statement. “Rather, Ms. Plascencia, a mother of five, a grandmother of 16, and a business owner, was made to feel that she did not belong in her own country. This lawsuit seeks to protect Ms. Plascencia’s right to live in this country without fear of being unlawfully detained.”

The San Bernardino Sheriffs Department said they no longer participate in immigration enforcement, but do provide information to federal authorities when asked.

The ACLU criticized the police department for their cooperation with ICE.

“Plascencia’s case shows why collaboration between ICE and local law enforcement is especially dangerous: San Bernardino Sheriff’s deputies should know better than to trust ICE, as the agency relies on outdated and error-ridden databases to justify its arrests,” said the ACLU in a statement Tuesday. “Especially in light of Plascencia’s constant assertions that she is a U.S. citizen, neither the county nor ICE had probable cause to detain her. This collaboration resulted in violations of a U.S. citizen’s constitutional rights.”