Daniel T. v. Otero County, New Mexico

In September of 2007, the Otero County Sheriff and a number of deputies conducted a series of immigration raids against the Latino residents of Chaparral, New Mexico. The raids included warrantless invasions of private homes, stops of pedestrians and drivers without probable cause, and filing of false charges against Latino residents of Chaparral.

On behalf of five Latino families, MALDEF and the ACLU of New Mexico sued the Otero County Sheriff’s Department for civil rights violations committed during the raids. The plaintiffs sought damages and guarantees that the Sheriff’s Department would refrain from such raids in the future.

In May 2008, the case was settled after the Sheriff’s Department agreed to revise substantially its Operational Procedures to ensure that local police will protect the rights of all Latinos and focus on public safety for the entire county. The Department also agreed to pay damages to the families who brought suit.

MALDEF, ACLU and Otero County Sheriff's Department Resolve Civil Rights Suit

Sheriff’s Department Agrees to Revise Operational Procedures Concerning Immigrants

April 09, 2008

LAS CRUCES, NM — The Mexican American Legal Defense and Educational Fund (MALDEF) and the American Civil Liberties Union (ACLU) of New Mexico today announced a landmark settlement with the Otero County Sheriff’s Department that addresses what plaintiffs alleged were civil rights violations committed by county deputies during immigration sweeps last September in the southern New Mexico town of Chaparral. Civil rights advocates say the agreement will help restore community trust in local law enforcement and greatly improve the safety of all people living in the County.

The case settled after the Sheriff's Department agreed to revise Operational Procedures that are intended to ensure that the rights of all Latinos living in the County would be protected and that they would not become the targets of immigration-related investigations and detentions without justification. Otero County also agreed to pay the families who brought the case monetary damages and an amount to cover their attorney's fees and the costs of the suit.

ACLU Executive Director Peter Simonson said, “The sheriff’s department worked with us to draft a policy that draws clear boundaries around what are and what are not the responsibilities of local law enforcement officers when they encounter immigrants. It was drafted with one thing in mind: maximizing public safety. This is a smart policy that stands as an example to all other law enforcement agencies around the state.”

On behalf of five Latino families, MALDEF and the ACLU of New Mexico alleged in the lawsuit that sheriff’s deputies raided homes in Chaparral without search warrants, interrogated families without evidence of criminal activity, and targeted households on the basis of race and ethnicity.

The Sheriff's Department denied any wrongdoing, but agreed to revise policies in order to provide more effective law enforcement to its constituents and to focus its attention on persons suspected of committing crimes.

David Urias, MALDEF Staff Attorney and counsel in the case, said, “The agreement by the Sheriffs Department to revise their procedures means that Latinos in Otero County will be protected by local police from crimes, not randomly targeted for immigration enforcement.”

The Otero County Sheriff’s Department operational procedure regarding the legal complaint and other relevant documents can be found online.

Families Sue Otero County Sheriffs Over Illegal Immigration Raids

Civil rights groups say sheriffs ‘broke trust' with community

October 17, 2007

LAS CRUCES, NM — Civil rights groups sued the Otero County Sheriff’s Department today for civil rights violations committed during immigration sweeps last September in the southern New Mexico town of Chaparral. On behalf of five Latino families, the Mexican American Legal Defense and Educational Fund (MALDEF) and the American Civil Liberties Union (ACLU) of New Mexico charged sheriff’s deputies with raiding homes without search warrants, interrogating families without evidence of criminal activity, and targeting households on the basis of race and ethnicity. The groups seek monetary damages and guarantees that the sheriff’s department will refrain from such raids in the future.

“Otero County Sheriffs broke a basic bond of trust with the community of Chaparral,” said ACLU Executive Director Peter Simonson. “When the police treat you like a criminal because of the language you speak and the color of your skin, they cease being a source of help when you are a victim of or witness to a crime. We need to restore policing to its proper mission in Chaparral so citizens and immigrants alike can trust that someone is watching out for their safety.”

Legal papers filed by the two groups describe an incident in which sheriff’s deputies ousted a family from its home by banging loudly on the home’s walls in the pre-dawn hours of September 10, 2007. Without a warrant, one sheriff’s deputy attempted to enter through an open bedroom window where the mother had been asleep, while another shouted from the front door, “Delivery! Mia’s Pizza.” Five of the family members are named plaintiffs in the lawsuit, two of whom are U.S citizens.

MALDEF Staff Attorney David Urias said, ‘The enforcement of immigration laws is strictly a responsibility of the federal government. Sheriff’s deputies are not immigration officers and do not have the authority or the training to investigate or arrest people because they suspect them of being undocumented. In Otero County, Sheriff’s deputies are taking federal law into their own hands and violating the rights of Latinos, including citizens and legal permanent residents. These raids are simply illegal and un-American.