INS Review of O.C. Raid Finds No Misconduct

An internal review by the U.S. Border Patrol into allegations of abuse surrounding the recent roundup of nearly 200 illegal immigrants here has concluded that agents “acted in good faith, and their conduct was within the bounds of law,” a spokesman said Friday.

But immigration officials acknowledged that during their review of the controversial Sept. 18 raid, they never spoke to any of the witnesses who had charged that authorities were abusive and threatening during the huge roundup.

The probe included interviews with 19 Border Patrol agents involved in the sweep, Orange police, code enforcement officers and other officials who also were present. However, U.S. Border Patrol spokesman Steven Keen said neighbors and East Orange area residents--including many who had voiced complaints--were never questioned.

Although he and other federal officials said they did not know why residents were not interviewed, immigration officials said they are satisfied that agents in the raid did not break any laws or violate anyone’s civil rights.

“At no time did our agents draw their weapons, break windows or engage in any misconduct that had been alleged,” Keen said.

Friday’s conclusions enraged many Latino activists, who had accused federal agents of using “storm-trooper” tactics during a raid that began along Chapman Avenue at daybreak 10 days ago and then spilled over into a nearby apartment complex when day laborers fled the scene.

The activists cited reports by some residents that officers kicked doors, broke a window, threatened residents with drawn guns and unlawfully entered apartments searching for illegal immigrants.

“When the (Immigration and Naturalization Service) entered into La Purisima Church (during a Mass) three years ago, the INS said the same thing, that they had not broken any laws,” said Msgr. Jaime Soto, vicar of the Hispanic community for the Roman Catholic Diocese of Orange.

“This report of the INS does not square with eyewitness reports that I heard.”

Los Amigos of Orange County President Amin David said Latino activists planned to go before the Orange City Council Oct. 8 to request that a citizens’ task force be created to investigate the incident.

“I think that report was to be expected from the type of investigation that was held,” David said of the INS conclusions, “particularly where there were no citizens or residents interviewed at all.”

But Orange Mayor Gene Beyer said Friday that he is confident the raid was handled properly and that he is not ready to support the idea of a citizens’ review panel.

A prominent local immigrant rights group, Hermandad Mexicana Nacional, is expected to decide next week whether to pursue legal action against the INS, the city of Orange or both.

“I don’t think anyone really thought that anything negative would come to light when (federal officials) are investigating themselves,” said Mary Ellen Martinet, an attorney for Hermandad.

Martinet said that because of the fear created in the Latino community, she doubts residents would have wanted to answer questions from the Border Patrol--which is a branch of the INS--or anyone in uniform concerning the raid.

A spokesman for the INS in Washington said the internal review was conducted after officials read newspaper accounts that included the allegations by residents.

“There was no formal complaint ever filed with the service,” INS spokesman Duke Austin said, “so there’s no reason to relook at our procedures.”

Austin added that current procedures protect the rights of illegal immigrants, and the review was conducted to make sure proper steps had been followed.

Keen said the review did find four instances during the Sept. 18 sweeps in which agents went into residences, but he said force was not used on any of these occasions.

He said that in two cases, officers entered apartments with suspected illegal residents who had been captured outside but claimed to have documentation in their residences. When they were unable to provide proof, they were arrested.

Another entry occurred when an officer saw a suspect run into an apartment, Keen said. The officer knocked on the door and was permitted into the unit, where he arrested the immigrant, Keen said.

And in another instance, Keen said, “the agents did enter into an apartment when they were invited in there by a city code enforcement officer,” he said. “They were invited in there for translation.”

Told of this explanation, Martinet said: “I did not know the INS provided that special service (translation) to code enforcement (officers). And who gave code enforcement the right to invite someone else into a home? What kind of consent is that?”

Latino officials have also criticized the raid because of the active cooperation shown by the city of Orange, citing the presence of city police, code inspectors and even Mayor Beyer and a councilwoman during the sweeps. But Keen said that the raid was prompted not by the city, but rather by numerous complaints from citizens.

He added that the presence of city building code inspectors was coincidental and was part of their own separate investigation. City police were asked in advance of the raid to provide traffic control, he said.

“They (police) did not get involved in the operation,” Keen said, “but they did handle traffic when it was necessary.”

But Soto said the raid may have further damaged the relationship between the Latino community and city officials.

“Even the presence of the Police Department, under whatever pretext,” Soto said, “and the presence of code enforcement people, under whatever pretext, created a harmful appearance of collaboration (with the INS) that puts at risk a relationship of trust which should exist between Latino residents of that city and the Police Department.”

The sweep began on Chapman Avenue, where illegal immigrants have been known to congregate and wait for offers for day labor.

Keen said the roundup ended a few blocks away at the Orange Park Villa apartments, where some suspected illegal immigrants had fled during the roundup. About 25 people were arrested there.

“We don’t ordinarily conduct operations that target residential areas,” Keen said. “Our agents were drawn toward an apartment complex when a group of aliens ran there from the Chapman Avenue area.”

A total of 216 immigrants were arrested that day--most of them in Orange and a few in El Toro.

“Our agents were at the (Park Villa) apartment complex for approximately one half-hour,” Keen said, “and they left immediately after accomplishing those arrests.”

Included in the Border Patrol’s review of the raid was a letter from Beyer to INS Commissioner Gene McNary.

After reviewing city staff reports on the roundup, the mayor stated in the letter that city officials “did not witness or know of any inappropriate enforcement methods employed by INS personnel.”

Beyer also thanked McNary for his agency’s support and cooperation on immigration issues facing the community, and said city officials “are highly impressed by the professionalism consistently demonstrated by your Border Patrol personnel.”

In an interview Friday, the mayor said he watched the sweep from a police car and also talked to shop owners and residents in the area who have complained about neighborhood deterioration, which they blame on day laborers and overcrowded apartments.

Because of the problems in the neighborhood, Beyer said, it was not unusual for code enforcement officers to be at the complex.

The mayor said he was not ready to comment on the suggestion that a citizens’ task force look into the incident.

“I do have confidence in our staff that whenever they look into something to make sure it was conducted properly, that it (the review) has been done correctly,” the mayor said, voicing support of the city’s analysis of the Border Patrol sweep.