For Marlon Ariel Santos Reyes (A# 200-968-276) and Jose Luis Gomez Castor (A# 201-142-183) exercising their Constitutional rights on organized Day Labor Corners—looking for work and assembling to ensure minimal labor standards—landed them in deportation proceedings.

Since Hurricane Katrina, Day Laborers in New Orleans have been doing jobs that rebuilt the city and organizing on Day Labor corners to defend their rights. At the same time, ICE has been conducting racially motivated raids and surveillance, but Marlon and Jose decided to organize and fight back.

Marlon was targeted by plain-clothed ICE agents who abruptly snuck up on him, grabbed him by his collar and encircled him as his was peaceably exercising his rights on the day labor corner.

Jose was targeted when an ICE agent, posing as a contractor, induced him to enter his vehicle. When ICE began interrogating Jose, he invoked his right to remain silent and right to an attorney, but ICE arrested him and still continued to pressure Jose into talking and signing documents without receiving counsel.

Instead of respecting Day Laborers’ Constitutional right to be free from racial discrimination, to seek work on public streets, and the right of Workers to peaceably assemble, ICE targeted Marlon and Jose—both members of the Southern 32—in violation of the Constitution and in violation of ICE’s own polices on immigration enforcement priorities.

Neither men have serious criminal records nor do they pose a threat to the community. To the contrary, Marlon and Jose are positive actors, fighting to defend the civil rights of all workers and of their community.

ICE has not yet followed its official June 17, 2011 “Certain Victims, Witnesses, and Plaintiffs” guidance regarding prosecutorial discretion in their cases even though Marlon and Jose were targeted and arrested by ICE while exercising Constitutionally protected activities and even though they continue to defend their fundamental rights and those of their community.

The time for ICE to do so is now. Marlon’s next immigration Court date is September 9 and Jose’s is October 7, 2013.

Marlon and Jose need your help to continue to defend the rights of all workers. Please send an email asking ICE to close their immigration proceedings now.

E-mail Petition Text

On April 24, 2012 Attorneys for Marlon Ariel Santos Reyes (A# 200-968-276) and Jose Luis Gomez Castor (A# 201-142-183) – Day Laborers targeted by ICE as Latino Workers standing up for their Constitutional rights – made written Prosecutorial Discretion Requests to the ICE Office of Chief Counsel in New Orleans. No answer to these requests has yet been given.

Mr. Santos and Mr. Gomez were both targeted by ICE on organized Day Labor Corners in New Orleans. There, workers have come together as a group to solicit work as well as ensure that employers honor minimal labor standards and that law enforcement activity comports with constitutional requirements.

Mr. Santos was targeted by plain-clothed ICE agents who abruptly snuck up on him, grabbed him by his collar and encircled him as his was peaceably exercising his rights on the day labor corner.

Mr. Gomez was targeted when an ICE agent, posing as a contractor, induced him to enter his vehicle. When ICE began interrogating Mr. Gomez, he invoked his right to remain silent and right to counsel, but ICE arrested him and still continued to pressure him into talking and signing documents without receiving counsel.

ICE has not yet followed its official June 17, 2011 “Certain Victims, Witnesses, and Plaintiffs” guidance regarding prosecutorial discretion in their cases even though Mr. Santos and Mr. Gomez—both members of the Southern 32—were targeted and arrested by ICE while exercising constitutionally protected activities. Neither men have criminal backgrounds nor do they pose a threat to the community. To the contrary, Marlon and Jose are acting in the best interest of the Unites States, continuing to defend their fundamental rights and those of their fellow community members.

The time for ICE to exercise discretion is now. Mr. Santos’ next immigration Court date is September 9 and Mr. Gomez’s October 7, 2013. Please exercise prosecutorial discretion and agree to close their cases now.

Thank you,

Categories: Victories