Congressman calls for investigation after US citizen detained by ICE

Federal immigration agents forcibly detained an American citizen in New York City in early May, prompting a Democratic congressman to call for an investigation into the incident.

Surveillance and cell phone footage published by multiple news outlets captured the May 6 incident when U.S. Immigration and Customs Enforcement agents had their weapons drawn and brought Jeury Concepcion down to the ground, detaining him in the Bronx. The incident again raised questions about U.S. citizens detained by ICE during the Trump administration’s expanded immigration enforcement actions across the country.

Concepcion told NBC New York he was on the way to get a haircut when multiple masked ICE agents followed him, then three agents forced him onto the sidewalk. Cellphone video showed officers handcuffing and pressing him against an unmarked sedan, with his forehead bloodied. 

“They threw me on the floor," Concepcion later told News 12. “I don't know what was going on," he said, adding agents didn't ask for his identification.

Concepcion told reporters agents only later realized they made a mistake when they saw his ID and phone. ICE then dropped him off at a park he didn’t know. Concepcion later told reporters he had to get stitches on his head.

"I'm from New York, I was raised and born here," he told News 12. "It shouldn't be no reason why I'm going through none of this, you heard."

DHS: Man was 'combative and refused to identify himself'

In an emailed statement, the Department of Homeland Security, which includes ICE, said it is not arresting American citizens by mistake.

At the time, ICE was conducting what DHS called a targeted enforcement operation, when they encountered a man “who matched the physical description of the target outside of the target’s residence,” the agency’s statement said.

When agents approached him, DHS said he became “combative and refused to identify himself.”

“A large crowd of anti-ICE agitators descended and swarmed officers. For their safety, they temporarily detained the individual to safely finish asking their questions. Once officers finished their questioning, he was promptly released.”

DHS didn’t respond to questions about the need for American citizens to identify themselves to immigration officials or on the tactics that resulted in Concepcion later requiring stitches.

Concepcion could not be reached at the Bronx address listed on his identification card.

ICE incidents expose 'deep rot,' congressman says

In a letter dated May 8, Rep. Ritchie Torres, D-New York, who represents the Bronx, said there was a nearby incident where ICE agents detained another person trying to enter a building. Torres said ICE’s actions in both incidents “exemplify the callous tactics used by this Administration against American citizens and exposes the deep rot that has consumed the agency.”

Torres called on DHS Inspector General Joseph Cuffari to investigate ICE’s actions. The inspector general’s office didn’t immediately respond to USA TODAY's request for comment.

Immigration agents have expanded tactics to profile people who are suspected of being undocumented. Critics have said this amounts to Latinos being unfairly racially profiled.

Veronica Cardenas, an immigration attorney and former ICE assistant chief counsel, said Concepcion’s case reflects so-called “Kavanagh stops,” referring to a recent Supreme Court ruling allowing immigration enforcement stops based only on race, language, location and occupation, which Justice Brett Kavanagh supported. 

“This isn’t just a noncitizen issue, it’s become an American issue,” Cardenas told USA TODAY. “American citizens are now being detained, wrapped up in this.”

She said a fix would be forcing ICE to use judicial warrants, those signed by a court to take someone into custody, not administrative warrants from DHS. That would make sure people are correctly identified to ensure others aren’t ensnared in operations, Cardenas said.

Another issue, she added, is ICE agents wearing masks and plainclothes.

In New York state’s delayed budget, lawmakers recently included a slew of legislation related to federal immigration enforcement that, if passed, would allow the state the right to sue ICE officers for constitutional violations. State legislation would also ban law enforcement from wearing masks on duty.

Eduardo Cuevas is based in New York City. Reach him by email at [email protected] or on Signal at emcuevas.01.