Police Violated Civil Rights By Delivering Tukwila Man To ICE

TUKWILA, WA — A federal judge has ruled that Tukwila police officers violated a local man's civil rights when they arrested and brought him to federal immigration police. The ruling, the victim's attorneys say, underscores that local police officers do not have the authority to arrest people for civil immigration matters.

In February 2018, Wilson Rodriguez Macareno called Tukwila police to report a trespasser at his apartment complex. Four officers arrived, and two dealt with the trespasser. Meanwhile, two other officers checked Macareno and another man's Washington state licenses.

One of the officers discovered Macareno had an immigration hold from Immigration and Customs Enforcement (ICE). Tukwila police policy bars officers from inquiring about immigration status, but one officer proceeded to confirm the warrant with ICE. Macareno was handcuffed and detained during this time.

Once they confirmed the warrant, the officers offered to bring Macareno to ICE officers at the Department of Homeland Security facility along Tukwila International Boulevard. Once there, the officers waited to see the physical immigration warrant — but also complained about "illegals" to the federal officers.

Officer Craig "Gardner then made comments about the fact that Washington issues state IDs to everyone, which led to a discussion on states that issue IDs to 'illegals' and their compliance with the REAL ID Act," court documents say. "Gardner expressed his hope that the courts will settle these issues “during these four years,” before instructing [Officer Joel Thomas] to turn off his bodycam."

The officers violated Macareno's Fourth Amendment rights when they held him while checking with federal authorities, Judge Richard Jones ruled. Jones also said that the officers didn't have any legal or policy reason to aid the federal officers.

"It is also undisputed that Plaintiff was stopped prior to any contact with federal authorities and arrested prior to any confirmation on the ICE warrant," Jones wrote, highlighting that the 9th Circuit Court of Appeals has ruled that being in the country illegally is a civil, not criminal, matter. "Thus, if Defendants are to enforce immigration-related laws, they may only enforce immigration-related laws that are criminal in nature, which they are permitted to do even without [a cooperation agreement with ICE]."

Macareno said he was pleased with the ruling, and hopes it helps other immigrants feel safe calling police.

"I called the police because I felt unsafe in my home, and I wanted to protect my family. But instead I was arrested and made to feel unsafe by the police, who are supposed to help. I hope that this case helps other immigrants to be able to call the police safely without fearing that they might be arrested," Macareno said in a statement Thursday.

You can read Jones' full opinion here.