A federal judge says police in Tukwila acted unconstitutionally when they arrested an illegal immigrant and turned him over to immigration authorities for deportation.
Wilson Rodriguez Macareno, who is originally from Honduras, called police in February 2018 about someone trespassing in his yard. The officers instead arrested him based on indications he was in the country illegally and brought him to a detention center for deportation.
U.S. District Judge Richard Jones ruled Wednesday that the local police did not have the authority to arrest him for a civil, federal violation. He said a trial will be held to determine what damages the officers must pay.
The judge said he would not hold the city liable because there was not enough evidence the officers were acting with the city's blessing.
“I am very happy with the court’s decision,” said Rodriguez Macareno. “I called the police because I felt unsafe in my home, and I wanted to protect my family. But instead I was arrested and made to feel unsafe by the police, who are supposed to help. I hope that this case helps other immigrants to be able to call the police safely without fearing that they might be arrested.”
Rodriguez, who has three U.S.-born children, is out of custody while he appeals his deportation order.
“This decision makes clear that local law enforcement officers may not arrest those they come in contact with because of alleged immigration violations,” said Matt Adams, legal director for Northwest Immigrant Rights Project. “These types of actions not only expose police departments to liability, but even more importantly, dramatically erode their ability to work effectively with the communities they serve.”