U.S. Representatives Val Demings (FL-10) and Kathleen Rice (NY-04) are circulating a letter to House colleagues urging the Acting Director of U.S. Immigration and Customs Enforcement (ICE) to issue guidance making it clear to ICE personnel that victims of crimes should never have reason to fear that seeking justice in the court system could lead to detention or deportation.
The letter comes after reports last week that ICE agents detained a transgender woman in an El Paso, TX court while she was seeking a protective order for alleged domestic violence.
ICE agents escorting Irvin Gonzalez, who also is known as Ervin Gonzalez, from the courthouse.
The ICE agents conducted surveillance at the courthouse based on information from an unidentified source who provided the time and place of the hearing, as well as the fact that the alleged victim was living in a domestic violence shelter.
The criminal complaint against Gonzalez shows seven deportations from the US (an initial voluntary deportation in 2007 followed by deportations in 2010, 2011, 2011, 2013, 2014 and 2016).
The complaint lists eight criminal convictions in the U.S. for Gonzalez from 2010 through 2015. Convictions included assault, domestic violence and false imprisonment.
Use this link to read the three-page criminal complaint.
In their letter, Representatives Rice and Demings note that a 2011 ICE memorandum advised personnel to exercise all appropriate prosecutorial discretion for cases involving victims and witnesses of crime in order to avoid deterring individuals from reporting crimes and pursuing justice in the court system.
“Domestic violence survivors, victims’ advocates, prosecutors, and law enforcement officers agree that fear is both a tool for abusers and a barrier to victims seeking refuge and justice,” write Representatives Demings and Rice. “Unfortunately, these recent actions only encourage fear and run counter to decades of work to build relationships between law enforcement and victims of violent crime. We respectfully urge you to issue guidance making clear to ICE officers, special agents, and attorneys that victims of crimes should have no fear of seeking justice in our court systems.”
Representative Val Demings was a member of the Orlando Police Department for 27 years, and served as the Chief of Police from 2007-2011. Representative Kathleen Rice is a former state and federal prosecutor, and the former District Attorney of Nassau County, NY.
Use this link to read the full text of the Demings/Rice letter.
A final copy of the letter with a full list of signatures is expected to be released in the coming weeks.
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