ACLU seeks federal damages over March 11 South Burlington ICE raid

The claims say ICE agents entered a shared home while looking for another man and then falsely imprisoned the occupants.

The American Civil Liberties Union of Vermont has begun the process of suing U.S. Immigration and Customs Enforcement over a March 11 raid in South Burlington, saying two residents were subjected to unlawful detention and excessive force during the operation.

On Wednesday, the organization submitted Federal Tort Claims Act notices for José Estrada Jerez, a U.S. citizen, and Jisella Johana Patin Patin, who goes by Johana and is an asylum seeker. Those filings are a required preliminary step before a formal lawsuit seeking money damages can move ahead against the federal government.

The claims say ICE agents entered the home the two shared while looking for another man and then falsely imprisoned them. The ACLU says the confrontation escalated after agents surrounded the property, where Jerez, Patin Patin, Jerez’s uncle, Patin Patin’s 4-year-old daughter and Patin Patin’s sister were inside.

As the day unfolded, hundreds of protesters gathered outside along with more than 60 federal, state and local law enforcement officers. According to the ACLU’s account, officers forced their way in with a battering ram and found Jerez and his uncle on the floor with their hands up, while Patin Patin and her sister were hiding in a bedroom.

Patin Patin’s daughter had already been led out safely by other adults before agents entered the house.

The complaint describes agents threatening to deploy tear gas, searching through the home and damaging property while trying to locate the person named in the warrant. It also says an officer’s foot went through the attic floor and his weapon went off.

Jerez said in an ACLU of Vermont release that the government has tried to make people afraid, but that the response from the community on March 11 showed its strength as well as the harm caused that day.

Patin Patin said in the release that no one should fear being separated from children, physically injured or jailed because of stereotypes about immigrants and Spanish-speaking people. She said people in Vermont deserve better.

After the raid, Jerez was left behind while his uncle, Patin Patin and her sister were taken by ICE. Patin Patin spent five days in custody before U.S. District Court Judge Geoffrey Crawford granted release on bail.

Monica Allard, a senior staff attorney with the ACLU of Vermont, said financial compensation cannot erase what happened, but can help create accountability for government conduct. She said the group is responding to what it sees as a coordinated federal effort and is prepared to keep pressing the case.

The ACLU says the Vermont filings are part of a wider effort across the country. In 17 states and Washington D.C., the group has filed 54 claims in recent months over alleged civil rights abuses, excessive force and improper raids by federal immigration authorities.

ICE did not immediately respond Wednesday to a request for comment.

Patin Patin is also being represented by Montroll, Oettinger, & Barquist PC, while Jerez is represented by Nathan Virag Law. The claims now must sit for six months, unless ICE denies them, accepts them or reaches a settlement.