Laguna Beach pays DACA-holder $18,750 after police detained him for ICE

Police in Laguna Beach pulled over Edgar Torres Gutierrez in June, 2018, on suspicion that he was driving under the influence and took him to their local jail.

But when it was time to release Torres Gutierrez, police didn’t let him go. Instead, they held him for federal immigration agents to pick him up, according to a claim filed with the city. As he was being chained and placed in a van, Torres Gutierrez later said some of those police “snickered.”

That experience on June 3, 2018, where he spent some 15 hours in local police custody and several more hours in an immigrant detention facility in Los Angeles, led to a settlement this week between Torres Gutierrez and the city he calls home. Laguna Beach officials agreed to pay him $18,750.

City and police officials declined to comment Wednesday. In the agreement document, the city does not admit any wrongdoing and denies that its officers violated the man’s rights. The city entered into the agreement to avoid more costly litigation, according to the document.

The American Civil Liberties Union of Southern California filed a claim in November 2018 against the city, alleging that officers violated Torres Gutierrez’s constitutional rights against unlawful search and seizure, as well as his right to due process, and several state laws. One of those laws is the California Values Act, which limits local law enforcement’s ability to cooperate with federal immigration agents.

“It shouldn’t have happened. But once it did, and Edgar filed a claim, to their credit, the city responded in the right way, by taking it seriously and seeing what they can do in the future so it doesn’t happen again,” said Annie Lai, co-director of the Immigrant Rights Clinic at UC Irvine  School of Law. The clinic served as co-counsel, with students and graduates working on the case.

In addition to paying the cash settlement, Laguna Beach has agreed to show a training video about California’s sanctuary law and other related laws to current and incoming police officers during the next two years, according to the agreement.

Torres Gutierrez, 29, who came to the United States from Mexico when he was 3, was never charged with an immigration violation. He is protected from deportation under DACA, or Deferred Action for Childhood Arrivals, a program that provides temporary legal status and work permits for undocumented immigrants who were brought to the United States as children. The Trump administration is seeking to abolish the DACA program.

He also wasn’t ever convicted of driving under the influence, pleading guilty instead to a lesser charge of reckless driving. The Orange Coast College student said he has taken responsibility “for the actions that led to my arrest,” but added that he didn’t deserve to be treated differently from “other residents who put their trust in the police.”

“I hope this agreement sends a clear message to law enforcement and other DACA recipients as well,” Torres Gutierrez said Wednesday.

“The California Values Act is important. And if it’s not followed, there will be consequences,” he added. “And to other DACA recipients, and members of the immigrant community, I want to remind them that we have to speak up. Come forward if you feel there’s been an injustice or if your rights have been violated.”

On Wednesday, Torres Gutierrez filed a second complaint related to the 2018 incident.

In this claim, he is asking Laguna Beach police to investigate his detention, show whether it was an isolated event or part of a broader pattern, and to provide a summary of what actions the department will take should the complaint be sustained.

UCI’s Lai said no monetary compensation is sought in Wednesday’s complaint.