Tzedek DC filed an amicus brief in support of a class-action lawsuit against the Department of Homeland Security and other federal agencies and officials for immigration arrests made without warrant or probable cause. Tzedek DC joined DC legal services organizations Legal Aid DC—which also represented amici—as well as African Communities Together, Ayuda, Bread for the City, Children’s Law Center, and DC Affordable Law Firm in filing the brief with the U.S. District Court for DC.
The amicus brief was filed in support plaintiffs’ motion for a preliminary injunction to stop the Department of Homeland Security’s “arrest first, ask questions later” policy, which has harmed U.S. citizens, residents with lawful status, and undocumented DC community members alike.
“In addition to the harms Plaintiffs describe from being unlawfully arrested or detained, ICE’s policy instills fear in communities that affects their financial, physical, and emotional health,” the brief reads.
Federal law enforcement agencies have illegally profiled residents based on race, language, and occupation, and made widespread arrests, including in places that were previously protected. This practice has made DC residents afraid to go about their daily lives and led many to skip work, school, medical appointments, church services, and court dates for fear of being detained.
The brief further argues that despite the federal government’s stated goal of reducing crime, the spike in warrantless arrests has discouraged DC community members from reporting crime, cooperating with law enforcement, and testifying in court. This chilling effect is especially concerning as it relates to domestic violence situations, in which an abuser can further use immigration status as a tool to control or threaten their partner.
One client, for example, is a survivor of sexual assault and human trafficking that occurred in the U.S. and is a strong candidate for visa programs specifically for crime victims; unfortunately, she is too scared of becoming a target for deportation to cooperate with police or apply for the visa that could grant her legal status.
“ICE’s policy and practice of unlawful arrests also emboldens violent criminals, and people may even target undocumented people because they are less likely to seek police help,” the brief says.
Click here to read the full amici curiae brief.
About Tzedek DC
Tzedek DC’s name is drawn from the ancient Jewish teaching “Tzedek, tzedek tirdof,” or “Justice, justice you shall pursue.” Headquartered at the University of the District of Columbia David A. Clarke School of Law and with offices also in Ward 8, Tzedek DC’s mission is to safeguard the legal rights and financial health of DC residents with lower incomes facing the often-devastating consequences of debt collection and credit-related obstacles. This mission is carried out as anti-racism work in response to the massive wealth gaps tracking race in DC and nationwide. Tzedek DC seeks to serve and empower our client base, which is comprised of 90% Black people, 60% women, and 25% disabled community members. Our strategic approach combines three synergistic activities: (i) free direct services—legal representation and advice and financial counseling; (ii) working in coalition to make systemic change; and (iii) providing bilingual community legal education on debt collection, identity theft, and credit management.