DHS oversight committee

Rep. Robert Garcia displayed a screen shot of test messages sent by a DHS agent after shooting Marimar Martinez. (Screen grab from Oversight Committee live stream)

Three U.S. citizens who have been personally harmed by the Trump administration’s violent deportation crackdown testified before the House Committee on Oversight and Government Reform on Tuesday.

Rep. Robert Garcia (D-CA), ranking member of the House Committee on Oversight and Government Reform and Sen. Richard Blumenthal (D-CT), ranking member of the Senate Permanent Subcommittee on Investigations held a public forum - Republicans didn’t agree to a formal hearing - to hear from individuals who have been victims of excessive force by Department of Homeland Security (DHS) agents.

Marimar Martinez, a first-generation U.S. citizen, was driving to her local Illinois church to donate clothes when she noticed a vehicle with out-of-state license plates and uniformed federal agents patrolling her neighborhood. She followed the car, yelling out “la migra” to warn her neighbors of their presence. 

Martinez testified that after federal agents rammed her car, she drove away with fear for her life. As she was driving away, an agent shot at her five times. Martinez drove to a mechanic nearby and called the police.

Similar to how officials described Renee Good and Alex Pretti, Martinez was labeled a domestic terrorist. All charges against her were later dropped.

“I come from a beautiful family full of immigrants, I am proud of my roots,” said Martinez. “I was born and raised in Chicago, Illinois, where I learned the values of resilience, community, respect, love and hope … those values were tested when my life was nearly taken by my own government.”

The agent who shot Martinez, Charles Exum, later texted people seemingly bragging about the incident. “I fired five rounds and she had seven holes. Put that in your book boys,” reads one of the text messages.

DHS oversight committee

Three victims, as well as an attorney and a former police officer/current law professor, testified before a Congressional public forum about the Department of Homeland Security's pattern of excessive force. (Screen grab from Oversight Committee live stream)

“Charles Exum sought to assassinate you and then DHS sought to assassinate your character, that is unconscionable and intolerable,” Blumenthal later told Martinez.

Antonio Romanucci, an attorney representing the family of Renee Good, testified before the committee, speaking not only of Good’s murder, but also of how Congress can ensure accountability for federal agents moving forward.

“The occupation by ICE and CBP in our cities is way beyond their mission, leading to unnecessary provocation that causes needless harm and death,” he said. “These operations in multiple states have routinely and consistently included violations of the Constitution.”

Romanucci pointed to the limitations of individual’s ability to bring lawsuits against federal agents who violate their constitutional rights. Under section 1983 of the Civil Rights Act, individuals can sue state and local government officials, but the pathways to suing federal officials are incredibly limited.

“America should not require the permission of the federal government to sue the federal government,” he said. If that is the case, Romanucci said, “your rights are just words on paper.” 

To counter these limitations on the state level, Romanucci said states should pass laws to make it possible to hold federal officers accountable. California Sen. Scott Wiener recently introduced such a law, which is working its way through the state Legislature.

There is also something Congress can do, said Romanucci. Section 1983 of the Civil Rights Act can be amended with four simple words: “or the United States.” By adding this amendment, argued Romanucci, Congress would clear the path for the accountability of the excessive force at the hands of federal agents.

23-year-old Daniel Rascon of San Bernardino, was in a truck being driven by his father-in-law when armed, masked federal agents blocked the car in, pointed rifles at the three men and smashed the front windows attempting to reach inside the car. Rascon’s father-in-law, Francisco Longoria, drove away because they all feared for their lives, Rascon said on Tuesday. Agents shot at the vehicle as they left.

Charges were later brought and dropped against Longoria, after the agents claimed he attempted to hit them with his vehicle. The judge in Longoria’s case ruled there was no evidence supporting the federal government’s claim.

The trauma didn’t end there for the family, as two weeks later agents breached the family home around 4 a.m., brandishing assault rifles before taking Longoria into custody. He was detained for three months before being released on bond.

“How do you move on from knowing someone tried to kill you and people you love for no reason?” asked Rascon while fighting back tears on Tuesday.

The committee also heard from Aliya Rahman, a disabled U.S. citizen and Minneapolis resident, who was on her way to doctors appointment before being stopped by agents, dragged out of her car and carried facedown while her hands and legs were cuffed. Rahman said at that moment, she thought of George Floyd who was murdered four blocks away in 2020. 

At the Whipple Detention Center, Rahman was denied medical attention and testified that she was even taunted by agents for her inability to walk. After losing consciousness in the detention center, Rahman was taken to a nearby emergency room and treated.

“We call ourselves a civilized nation but we lack rules and accountability around what a person claiming to be law enforcement is permitted to do to another human being,” said Rahman.

Garcia, a representative from Long Beach later displayed a photo of White House Deputy Chief of Staff Stephen Miller, who is known to be one of the architects behind the administration's immigration crackdown.

“There is probably no single person in this government that has done more damage and more harm to people across this country, immigrants and U.S. citizens … than this man right here,” Garcia. “It is our job as a House, a Senate and a united Congress, to hold him responsible for the crimes that are happening to United States citizens. As a country, we have to do better.” 

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