Donna family sues federal government over home ICE raid
A Donna family is suing the federal government over a U.S. Immigration Customs Enforcement raid at their home.
The lawsuit challenges whether agents had permission to enter their property.
As previously reported, a video obtained by Channel 5 News shows ICE agents jumping a fence into the family's yard on January 9 at around 7 a.m.
According to the lawsuit, Humberto Garcia claims he saw trucks outside the home he shares with his three sisters, Andrea, Anna, and a minor identified as L.G., as well as their parents.
The parents are noncitizens but were in the process of obtaining lawful permanent resident status, according to the lawsuit.
Humberto was about to leave for work when he saw ICE agents jump the fence surrounding his home.
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The lawsuit said ICE agents pointed their guns at Humberto and attacked him without speaking or identifying themselves. Officers knocked Humberto to the ground, scratched his face and "several agents had their feet on his back."
The lawsuit claims an officer kicked Andrea in her feet, causing her to fall. ICE officers began yelling at her and asking for her father. At this point Andrea asked to see a warrant but ICE officers did not produce or show one.
ICE officers then "accosted" Anna who was bruised from being tightly gripped by agents, according to the lawsuit.
L.G. was asleep inside the home when the raid happened. The lawsuit said she is disabled and suffers from a medical condition that "makes her bones break easily."
L.G was awakened by officers banging on the windows of the home, according to the lawsuit. Officers then pointed guns at L.G. and "forced her to kneel and raise her hands."
The lawsuit said ICE agents gave the family two minutes to come outside or they would break down the door. The mother complied and ICE agents entered the home without the family's consent to retrieve the father.
Channel 5 News reached out to the family on Friday and was told the mother has been deported to Mexico.
The lawsuit is asking the court for a declaration that the action of agents were unconstitutional. They say their 4th Amendment right of protection against unreasonable searches and seizures was violated as well as their 5th Amendment right to due process.
The lawsuit alleges ICE sent out a memo telling agents they can enter homes and make immigration-related arrests based on administrative warrants, which violates the ICE training handbook.
A pretrial is scheduled in McAllen on May 7.