FEDERAL DISTRICT COURT JUDGE DENIES IMMUNITY FOR DEPARTMENT OF HOMELAND SECURITY OFFICIALS WHO AUTHORIZED ICE RAIDS
On May 7, 2009, United States District Court Judge Peter Sheridan denied a Department of Justice request to dismiss an action filed by immigrant residents in New Jersey which challenges a pattern and practice of unconstitutional pre-dawn home raids by Immigration and Customs Enforcement (ICE) officials. Recognizing the seriousness of the allegations against the Government, Judge Sheridan ruled that courts must have an opportunity to offer redress where “federal officials may have violated lawful residents’ fundamental constitutional rights.”
Press Release
Complaint
Decision
CENTER FOR SOCIAL JUSTICE ADDS NEW PERMANENT RESIDENT FAMILY TO ICE RAIDS LAWSUIT
Two lawful permanent residents and their U.S.-citizen son, age 9, joined a statewide lawsuit filed by the Center for Social Justice, challenging the federal government's practice of unlawfully raiding immigrants' homes, after federal Immigration and Customs Enforcement (“ICE”) agents forced their way into the family’s home last month. Once inside the home, the agents terrified the son by pointing a gun at him and threatening to take him from his family. The Center for Social Justice is seeking damages and injunctive relief on the family's behalf.
Amended Complaint
Preliminary Injunction Briefing
CENTER FOR SOCIAL JUSTICE SUES GOVERNMENT OVER IMMIGRATION HOME RAIDS IN NEW JERSEY
Seton Hall Law School’s Center for Social Justice and Lowenstein Sandler, PC, filed suit on April 3, 2008 in federal court, alleging that federal law enforcement officials violated ten victims’ constitutional privacy and due process rights under the Fourth and Fifth Amendments by entering their homes without consent or a judicial warrant during pre-dawn "raids." The plaintiffs include two U.S. citizens, a permanent resident, and a lawful protection-status grantee.
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FOIA Request and Litigation Regarding Immigration Home Raids in New Jersey
Seton Hall Law School’s Center for Social Justice (CSJ) and the Brazilian Voice filed suit in federal court under the Freedom of Information Act (the FOIA) to compel the Department of Homeland Security (DHS) to release documents regarding its practice of executing pre-dawn, warrantless raids of immigrants’ homes throughout the state of New Jersey.
Selected FOIA Documents
ICE Press Releases
ICE Policy Memos
FOIA Request from CSJ and the Brazilian Voice (1/28/08)
Complaint in FOIA Litigation by CSJ and the Brazilian Voice (1/28/08)
ICE Raids Litigation in the Media
The Bergen Record: Paterson Family Joins Lawsuit against ICE
The New York Times: Lawsuit Challenges Immigration Raids in New Jersey
The Star Ledger: Lawsuit charges 'lawlessness' by immigration agents (4/4/08)
Radio WNYC: Immigrants File Suit Against Immigration Agents (includes audio clip)
Asbury Park Press: Immigrants sue; say raids unconstitutional (4/4/08)
The Bergen Record: Suit says immigration agents broke law
Reuters: US immigration raids violated constitution
Fox Business News: Department of Homeland Security, Immigration Officers Sued for Constitutional Violations in Pre-Dawn Home Raids Practice (4/3/08)
The Star Ledger: Lawsuit claims immigration raids are unconstitutional
Newsday: Immigrants charge that federal raids were unconstitutional (4/3/08)
FOIA Litigation in the Media
The Star Ledger: Seton law school, newspaper seek documents on immigration raids
The Record: Suit seeks records on immigration raids