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Ettore Bechis/FlickrOn May 15, Adjudicator Ricardo Martinez of the U.S. District Court for the Western District of Washington at Seattle disqualified in favor of Daniel Ramirez Medina, a Deferred Action for Child Arrivals (DACA) almsman who had been bedfast by Immigrations and Customs Administration (ICE) due to a boom that ICE claimed showed Ramirez’s assemblage affiliations.

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As a DACA recipient, Ramirez was in the country legally. But that didn’t stop ICE from detaining him—apparently his paperwork, which he again showed them, was unacceptable to them because he wasn’t “born in this country”—and putting him in a Tacoma, Washington, apprehension adeptness in February 2017 while he accessible displacement proceedings. Generally speaking, aback the government wants to abolish DACA status, the alone afflicted is accustomed an befalling to address and challenge the decision. ICE claimed that Ramirez presented an “egregious accessible assurance concern” due to assemblage affiliations. The alone issue: The affirmation of Ramirez’s declared “gang affiliation” looks like it was doctored.

According to the clothing Ramirez filed, ICE agents again questioned him, allurement if he was in a assemblage (Ramirez said no). Then, “agents additionally asked Mr. Ramirez about the boom on his acquaint (which consisted of the words ‘La Paz-BCS’ and a abyssal star)…La Paz is Mr. Ramirez’s birthplace, and ‘BCS’ stands for Baja California Sur, the arena in which La Paz is located.” The agents insisted the boom was affirmation of a assemblage affiliation, to which Ramirez consistently objected.

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As Ramirez was about to be placed in a apprehension center, ICE agents asked if there were any gangs they should abstain agreement Ramirez with, for his safety. Ramirez initially said no, and again “indicated that if he had to be placed with any group, he would adopt ‘the Paisas.'” According to his lawyers, Ramirez was application the chatty appellation Paisas to beggarly added Mexicans like himself.

When he got to the apprehension facility, Ramirez was placed in a assemblage unit, so he petitioned to be confused to a altered area, saying, “I came in and the admiral said I accept assemblage amalgamation with gangs so I abrasion an orange uniform. I do not accept a bent history and I’m not affiliated with any gangs.” The account alternate to Ramirez, by ICE, had the aboriginal seven words erased, wholly distorting the message.

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After months of Ramirez’s clothing percolating through the courts, Adjudicator Martinez disqualified in favor of Ramirez and bound a belittling allegation of ICE’s “arbitrary and capricious” actions, adage the government had no affirmation that Ramirez was gang-affiliated and that they wrongfully beggared him of due action aback detaining and attempting to deport him.

Too often, unproven, chiffon assemblage allegations are acclimated by law administration as a array of across-the-board absolution for arresting, detaining, or deporting bodies they acquisition suspicious. Earlier this year, The New Yorker appear that “ICE identifies addition as a bandit if he meets at atomic two belief from a continued account that includes ‘having assemblage tattoos,’ ‘frequenting an breadth belled for gangs,’ and ‘wearing assemblage apparel.’ Such ambiguous indicators are a compound for ancestral profiling, according to immigrant-rights advocates.”

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A backward May address by the Immigrant Acknowledged Resource Centermost says gang-related classifications are on the acceleration and that “even the ‘mere acumen of criminality’ can appulse clearing cachet because so abounding decisions about-face on believability determinations.” If an immigrant is captivated in a apprehension facility, an declared assemblage amalgamation can affect the aegis akin at which they’re placed, and who they’re around. If an immigrant is aggravating to seek asylum, an declared assemblage amalgamation could absolutely aching their chances. Plus, law administration accusing an immigrant of accepting assemblage amalgamation could beggarly the alone ends up in one of the country’s awfully capricious assemblage databases, which absolutely doesn’t do them any favors aback it comes to acceptable a aborigine or abiding acknowledged resident.

As Ramirez’s adventure shows, all kinds of concrete characteristics can be broadly construed as gang-affiliated by cops and ICE if they’re absorbed on locking addition up. In this case, a federal adjudicator was able to footfall in and ensure a appropriate outcome—but what happens in the abounding added cases in which the being accused of a assemblage amalgamation has beneath adeptness to action back?

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