Fears of racial profiling rise as Border Patrol conducts 'roving patrols,' detains U.S. citizens

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Brian Gavidia had stepped out from working on a car at a tow yard in a Los Angeles suburb Thursday when armed, masked men — wearing vests with 'Border Patrol" on them — pushed him up against a metal gate and demanded to know where he was born.
'I'm American, bro!' 29-year-old Gavidia pleaded, in video taken by a friend.
'What hospital were you born?' the agent barked.
'I don't know, dawg!' he said. 'East L.A., bro! I can show you: I have my f—ing Real ID.'
His friend, whom Gavidia did not name, narrated the video: 'These guys, literally based off of skin color! My homie was born here!' The friend said Gavidia was being questioned 'just because of the way he looks."
In a statement Saturday, Homeland Security Assistant Secretary Tricia McLaughlin said U.S. citizens were arrested "because they ASSAULTED U.S. Border Patrol Agents." (McLaughlin's statement emphasized the word 'assaulted' in all-capital and boldfaced letters.)
When told by a reporter that Gavidia had not been arrested, McLaughlin clarified that Gavidia had been questioned by Border Patrol agents but there "is no arrest record." She said a friend of Gavidia's was arrested for assault of an officer.
As immigration operations have unfolded across Southern California in the last week, lawyers and advocates say people are being targeted because of their skin color. The encounter with Gavidia and others they are tracking have raised legal questions about enforcement efforts that have swept up hundreds of immigrants and shot fear into the deeply intertwined communities they call home.
Agents picking up street vendors without warrants. American citizens being grilled. Home Depot lots swept. Car washes raided. The wide-scale arrests and detainments — often in the region's largely Latino neighborhoods — contain hallmarks of racial profiling and other due process violations.
Read more: Multiple immigration sweeps reported across L.A., with a tense standoff downtown
"We are seeing ICE come into our communities to do indiscriminate mass arrests of immigrants or people who appear to them to be immigrant, largely based on racial profiling," said Eva Bitran, a lawyer at ACLU of Southern California.
When asked about the accusations of racial profiling, the White House deflected.
Calling the questions "shameful regurgitations of Democrat propaganda by activists — not journalists," White House spokeswoman Abigail Jackson chided Times reporters Saturday for not reporting the "real story — the American victims of illegal alien crime and radical Democrat rioters willing to do anything to keep dangerous illegal aliens in American communities."
She did not answer the question.
McLaughlin said in a statement, 'Any claims that individuals have been 'targeted' by law enforcement because of their skin color are disgusting and categorically FALSE."
She said the suggestion fans the flames and puts agents in peril.
'DHS enforcement operations are highly targeted, and officers do their due diligence," she said. "We know who we are targeting ahead of time. If and when we do encounter individuals subject to arrest, our law enforcement is trained to ask a series of well-determined questions to determine status and removability.
"We will follow the President's direction and continue to work to get the worst of the worst criminal illegal aliens off of America's streets,' she said.
The unprecedented show of force by federal agents follows orders from White House Deputy Chief of Staff Stephen Miller, the architect of Trump's immigration plan and a Santa Monica native, to execute 3,000 arrests a day. In May, Miller reportedly directed top ICE officials to go beyond target lists and have agents make arrests at Home Depot or 7-Eleven convenience stores.
U.S. Customs and Border Protection did not answer specific questions about the encounter with Gavidia and said that immigration enforcement has been "targeted." The agency did not explain what is meant by targeted enforcement.
But a federal criminal complaint against Javier Ramirez, another of Gavidia's friends, said Border Patrol agents were conducting a "roving patrol" in Montebello around 4:30 p.m. when they "engaged a subject in a consensual encounter" in a parking lot on West Olympic Boulevard. The complaint noted that the parking lot is fenced and gated, but that, at the time of the interaction, the gate to the parking lot was open.
The enforcement was part of a roving patrol in what John B. Mennell, a spokesman for Customs and Border Protection, said was a "lawful immigration enforcement operation" in which agents also arrested "without incident" an immigrant without legal status.
Gavidia said he and Ramirez both rent space at the tow yard to fix cars.
On video captured by a security camera at the scene, the agents pull up at the open gate in a white SUV and three agents exit the car. At least one covers his face with a mask as they walk into the property and begin looking around. Shortly after, an agent can be seen with one man in handcuffs calmly standing against the fence, while Ramirez can be heard shouting and being wrestled to the ground.
Gavidia walks up on the scene from the sidewalk outside the business where agents are parked. Seeing the commotion, he turns around. An agent outside the business follows him and then another does.
Gavidia, whom Mennell identified as a third person, was detained "for investigation for interference (in an enforcement operation) and released after being confirmed to be a U.S. citizen with no outstanding warrants."
"Video didn't show the full story," he said in a statement.
But it is unclear from the video exactly what that interference is. And Gavidia denies interfering with any operations.
Customs and Border Protection, the agency that has played a prominent role in the recent sweeps, is also under a federal injunction in Central California after a judge found it had engaged in 'a pattern and practice' of violating people's constitutional rights in raids earlier this year.
U.S. Border Patrol Sector Chief Greg Bovino, who oversaw raids that included picking people up at Home Depot and stopping them on the highway, has emerged as a key figure in L.A. He stood alongside Homeland Security Secretary Kristi Noem on Thursday at a news conference where Sen. Alex Padilla — the state's first Latino U.S. senator — was handcuffed, forced to the ground and briefly held after interrupting Noem with a question.
Read more: Tensions over L.A. immigration sweeps boil over as Padilla is tackled, ICE arrests pick up
"A lot of bad people, a lot of bad things are in our country now," Bovino said. "That's why we're here right now, is to remove those bad people and bad things, whether illegal aliens, drugs or otherwise, we're here. We're not going away."
Bovino said hundreds of Border Patrol agents have fanned out and are on the ground in L.A. carrying out enforcement.
A federal judge for the Eastern District of California ordered Bovino's agency to halt illegal stops and warrantless arrests in the district after agents detained and arrested dozens of farmworkers and laborers — including a U.S. citizen — in the Central Valley shortly before President Trump took office.
The lawsuit, brought by the United Farm Workers and Central Valley residents, accused the agency of brazen racial profiling of people in a days-long enforcement. It roiled the largely agricultural area, after video circulated of agents slashing the tires of a gardener who was a citizen on his way to work, and it raised fears that those tactics could become the new norm there.
The effort was 'proof of concept,' David Kim, assistant chief patrol agent under Bovino, told the San Diego investigative outfit Inewsource in March. 'Testing our capabilities, and very successful. We know we can push beyond that limit now as far as distance goes.'
Bovino said at the news conference that his agents were "not going anywhere soon."
"You'll see us in Los Angeles. You'll continue to see us in Los Angeles," he said.
Bitran, who is working on the case in the Central Valley, said Miller's orders have "set loose" agents "with a mandate to capture as many people as possible," and that "leads to them detaining people in a way that violates the Constitution."
In Montebello, a 78% Latino suburb that shares a border with East Los Angeles, Border Patrol agents took Gavidia's identification. Although they eventually let him go, Ramirez, also American and a single father of two, wasn't so lucky.
Tomas De Jesus, Ramirez's cousin and his attorney, said authorities are accusing him of 'resisting arrest, assaulting people" after agents barged into a private business 'without a warrant, without a probable cause."
Read more: Immigration raids roil L.A., dozens of people detained. What we know so far
"What is the reasonable suspicion for him to be accosted?" De Jesus questioned. "What is the probable cause for them to be entering into a private business area? ... At this moment, it seems to me like they have a blanket authority almost to do anything."
Ramirez has been charged in a federal criminal complaint with assaulting, resisting or impeding a federal officer. Authorities allege that Ramirez was trying to conceal himself and then ran toward the exit and refused to answer questions about his identity and citizenship. They also allege he pushed and bit an agent.
De Jesus said Ramirez "was not attempting to flee, he did not assault anyone, and he raised his hands when confronted by CBP." He added: "He is the victim, not the aggressor."
Montebello Mayor Salvador Melendez said he'd watched the video of Gavidia being questioned and called the situation "extremely frustrating."
"It just seems like there's no due process," he said. "They're going for a specific look, which is a look of our Latino community, our immigrant community. They're asking questions after. ... This is not the country that we all know it to be, where folks have individual rights and protections."
A third individual was detained on the street for investigation for interference and released after being confirmed to be a U.S. citizen with no outstanding warrants.
Even before the video was looping on social media feeds, Angelica Salas — who heads one of the most well-established immigration advocacy groups in Los Angeles — said she was getting reports of "indiscriminate" arrests and American citizens being questioned and detained.
"We have U.S. citizens who are being asked for their documents and not believed when they attest to the fact that they are U.S. citizens," said Salas, executive director of the Coalition for Humane Immigrant Rights. "They just happen to be Latino."
The Supreme Court has long held that law enforcement officers cannot detain people based on generalizations that would cast a wide net of suspicion on large segments of the law-abiding population.
"Some of the accounts I have heard suggest that they're just stopping a whole bunch of people, and then questioning them all to find out which ones might be unlawfully present," said Ahilan Arulanantham, co-director of the Center for Immigration Law and Policy at UCLA Law School.
An agent can ask a person about "anything," he said. But if the person declines to speak, the agent cannot detain them unless they have reasonable suspicion that the individual is unlawfully here.
"The 4th Amendment as well as governing immigration regulations do not permit immigration agents to detain somebody against their will, even for a very brief time, absent reasonable suspicion," he said.
Just being brown doesn't qualify. And being a street vendor or farmworker does not, either. A warrant to search for documents at a work site also is not enough to detain someone there.
"The agents appear to be flagrantly violating these immigration laws," he said, 'all over Southern California."
Gavidia said the agents who questioned him in Montebello never returned his Real ID.
'I'm legal,' he said. 'I speak perfect English. I also speak perfect Spanish. I'm bilingual, but that doesn't mean that I have to be picked out, like, 'This guy seems Latino; this guy seems a little bit dirty.'
'It was the worst experience I ever felt," Gavidia said, his voice shaking with anger as he spoke from the business Friday. "I felt honestly like I was going to die."
On Saturday, Gavidia joined De Jesus in downtown L.A. for his first-ever protest.
Now, he said, it felt personal.
Times staff writer Andrea Castillo contributed to this report.
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This story originally appeared in Los Angeles Times.