LAGUNA BEACH, CA- Edgar Torres Gutierrez is registered under the Deferred Action for Childhood Arrivals (DACA) program.
He is also residing in Laguna Beach, California, which, as you may well know, considers itself a “sanctuary city” for illegal immigrants, like many other municipalities in the state.
Between being a part of DACA and living in the sanctuary city, Gutierrez and so many others seem to be essentially untouchable.
During the summer of 2018, Gutierrez was arrested for driving under the influence of alcohol in Laguna Beach on his way home from a gay pride rally.
Laguna Beach police took Gutierrez into custody and brought him to the station. While processing him, police contacted Immigration and Customs Enforcement due to his status as a non-citizen as well as the crime he had committed.
ICE requested they detain him at the station until they could get there, which police did.
Fifteen hours later, ICE arrived and took federal custody of Gutierrez, taking him to a federal facility in Los Angeles. Gutierrez was questioned at the facility and released the same day.
Gutierrez told the American Civil Liberties Union (ACLU) of the situation, and their rage was felt across the 7 seas.
The ACLU of Southern California and the UC Irvine School of Law Immigrant Rights Clinic filed a lawsuit on Gutierrez’s behalf, saying that the Laguna Beach Police Department violated the California Values Act (which brought safe spaces to life and essentially killed deportation in the state) when they contacted federal immigration authorities.
SICKENING!!!
An #IllegalAlien Edgar Torres Gutierrez was caught driving drunk, arrested on DUI, placed in an @ICEgov hold for 15hrs#ACLU and a “students law clinic” at USC sued on his behalf – he received $19K of taxpayer $$$ https://t.co/Ev0hPitp4T
— 🇺🇸California Condor🇺🇸 (@Condor_Law) January 26, 2020
Gutierrez was awarded with $18,750 from the Laguna Beach Police Department as a result of the lawsuit. The judge also said in his decision that he was requiring LBPD to train its officers on California’s immigration laws.
When Gutierrez spoke to the LA Times regarding the lawsuit, he said:
“I still think about my experience with the Laguna Beach police. When the officer told me I was not going to be able to go home, I became fearful. I also felt betrayed.
I take responsibility for the actions that led to my arrest, but I didn’t deserve to be treated differently than other residents who put their trust in the police.”
I’m sure the near $19,000 helped him take responsibility a little better. Please notice, too, that he said other “residents,” not other “citizens.” Because he is not a citizen.
Gutierrez also decided to file a “formal complaint” with the Laguna Beach Police Department. The reason for this, Gutierrez told the LA Times, was to “spark” an internal investigation into the LBPD officers involved.
Well yeah that’s pretty much what happens when you file a complaint, so why don’t you just say your real reason for doing so? Could it have been at the ACLU’s urging to get your name out there, to gain sympathy for immigrants and DACA recipients, and to smear the names of officers who “violated” a law which by definition defies federal law?
I guess we’ll never know.
The written complaint states that the officers involved violated his “constitutional rights to due process and against unlawful search and seizure.”
I hate to sound like a broken record, but he is not a citizen! Constitutional rights apply to citizens. Not criminals who are here by the good grace of judges granting them an extension of residence.
I feel compassion for the children that were brought here illegally, only to grow up and find out that they aren’t actually citizens in the country where they’ve spent the entirety of their lives. I don’t believe they should just be uprooted from their lives and tossed back into their country of origin if they’re law abiding residents.
However. Gutierrez is a college student. He was capable enough to fill out college applications and I assume financial aid forms. That means he’s old enough and capable enough to also complete a citizenship application.
They don’t just throw DACA paperwork at people- there is an application process. Why didn’t he concurrently apply for citizenship when renewing his DACA paperwork? It only lasts 2 years, so it’s not like he did it in high school and never thought about it again.
I know, I know. That’s too much common sense.
Civil rights attorneys will be on hand to help you report sheriff misconduct and hold the sheriff's department accountable! RSVP on Facebook at https://t.co/nNyBHoW0HE. #CheckTheSheriff https://t.co/utKiPa9Try
— ACLU SoCal (@ACLU_SoCal) January 31, 2020
And that’s not what the lawsuit was about. Why should the State of California insist on illegal aliens following the same laws that citizens have to? Why should we focus on the fact that DACA doesn’t grant immigrants citizenship when we could focus on the fact that police “broke the law?”
Gutierrez, a sociology student at Orange Coast College, plead guilty to the lesser crime of reckless driving.
This is a great lesson to our children: Crime pays, kids!
Not surprisingly, Gutierrez has used his case winnings to urge others to make complaints:
“If you think your rights have been violated, it’s important to speak up and seek help,” he said. “There are organizations that will galvanize to help you and seek justice.”
Can’t wait to see what other “complaints” arise after this!
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