DACA Recipient Gets $18,750 Payday After Cops Call ICE During DUI Arrest

Sandy Malone

Laguna Beach will pay Edgar Torres Gutierrez nearly $19,000 in a settlement over officers turning the man over to ICE.

Laguna Beach, CA – A DACA recipient got an $18,750 payday from the city after Laguna Beach police turned him over to U.S. Immigration and Customs Enforcement (ICE) after he was arrested for drunk driving.

A judge approved the financial settlement between Edgar Torres Gutierrez and Laguna Beach on Jan. 16 that also required the Laguna Beach Police Department to train all their officers on immigration law in California, the Los Angeles Times reported.

Torres Gutierrez, a sociology student at Orange Coast College, was arrested on June 3, 2018 on suspicion of driving under the influence on the way home from celebrating the city’s first gay PRIDE day, KABC reported.

According to the lawsuit filed in November of 2018 by the American Civil Liberties Union (ACLU) of Southern California and the University of California Irvine School of Law’s Immigrants’ Rights Clinic, Laguna Beach police notified ICE agents that they had Torres Gutierrez in custody.

Then Torres Gutierrez was held at the Laguna Beach police station at the request of ICE for 15 hours before he was transferred into federal custody.

Torres Gutierrez, who came the United States illegally as a child, told KABC that he is registered to be in the country under the Deferred Action for Childhood Arrivals (DACA) program and he had never worried before about the risk of being deported.

His lawsuit argued that the Laguna Beach police notified ICE and held him on their detainer request in direct defiance of the California Values Act, which prohibits local law enforcement agencies from working with federal immigration enforcement authorities.

Torres Gutierrez was transferred into a federal facility in Los Angeles, questioned by ICE agents, and then released the same day, the Los Angeles Times reported.

He later pleaded guilty to a lesser charge of reckless driving in the drunk driving case that brought him to the authorities’ attention in the first place.

“I still think about my experience with the Laguna Beach police,” Torres Gutierrez said in a statement to the Los Angeles Times. “When the officer told me I was not going to be able to go home, I became fearful. I also felt betrayed.”

“I take responsibility for the actions that led to my arrest, but I didn’t deserve to be treated differently than other residents who put their trust in the police,” he added.

Following the settlement agreement, Torres Gutierrez said he filed a formal complaint with the Laguna Beach Police Department in the hope that it would spark an internal investigation in the handling of his arrest and transfer into ICE custody, the Los Angeles Times reported.

The complaint to the police department alleged that officers violated his constitutional rights to due process and against unlawful search and seizure.

Torres Gutierrez also complained that officers failed to tell him they had notified ICE and violated state law in doing so, the Los Angeles Times reported.

He said that he hoped the payout by Laguna Police would serve to encourage other DACA recipients and illegal immigrants to come forward with complaints.

“If you think your rights have been violated, it’s important to speak up and seek help,” he said. “There are organizations that will galvanize to help you and seek justice.”

The organizations that filed the lawsuit on behalf of Torres Gutierrez saw the settlement as a victory for immigrants’ rights, the Los Angeles Times reported.

“I’m really happy that [Torres Gutierrez] got an outcome that he wanted,” said Evan Ormond, a law student from UC Irvine who helped with the case. “It was a really long process... for him, and the initial experience was traumatic for him.”

“We hope the complaint we filed [Wednesday] will result in some sort of additional changes or acknowledgment from the Laguna Beach Police Department,” Ormond said. "[Torrez Gutierrez] wanted some institutional change to result from this.”

Comments (53)
No. 1-35
shooter
shooter

This crapola has to stop.

Five-0
Five-0

Chipping away at our values and laws.
Leave!!!!!

Anomie88
Anomie88

How about a state and local politician not pandering for votes and doing the right thing for a change--tu sabe, like turning over illegal aliens to the federal authorities. He's a sociology (what a waste of time and money) student most likely getting a free education on the taxpayers dime, driving drunk and then he has the gall to complain about the investigation into his status. Maybe he should be thankful he isn't in Mexico where he wouldn't get such "stylish and trendy" treatment from the government.

djvd
djvd

The only way America will recover from these mayors and governors is to remove them forcibly .. they're votes are as crooked as hell and we can't let this continue.

Ghost_00000001
Ghost_00000001

So let me get this straight... I can now revoke my citizenship (from birth), live in the States under DACA, do something stupid enough to get me arrested, complain that I wasn’t treated as a citizen, and win a court settlement of x amount of money? That sounds just as bad as those who abuse the welfare system if not worse.

Michael A. Katz
Michael A. Katz

"California Values Act, which prohibits local law enforcement agencies from working with federal immigration enforcement authorities."

If California does not want to cooperate with federal immigration authorities then cut "ALL" federal aid to California regardless what happens there.

xenonman
xenonman

Looks like crime has started to pay!

GrumpyVet
GrumpyVet

Deport ALL of them!

Bill d
Bill d

Poor guy, all he was doing was driving intoxicated. Those evil cops and ICE officers simply doing their job.

RB2207
RB2207

If you come here legally and have resident status, you can still be deported. Committing a crime while under DACA does not protect you from being deported. You are not a citizen.

Backing Blue
Backing Blue

Sick and tired of all these politicians who treat the actual citizens like we are worthless and give the illegals free education etc. oh you poor baby let me give you all the real citizens money they paid in taxes to you so we the government cannot take care of our real citizens

Trefflek
Trefflek

What we need are the nut job liberals to make a deal with trump for the DACA children and a fully funded wall.

Offended
Offended

Let him go to Mexico and see how long he lives

kkat
kkat

It's time to truly "Take our country back"! Trump 2020. Return to Law and Order is vital in order to do so. The Socialist Communist Dems have done enough to tear our country down. Now the wackos are destroying everywhere they put their Commie laws in place, or shall I say their anarchy? Stop the madness. Thank God that most LEO's and others in authority are not blinded by the "Light of Freebies"!

NFPD103
NFPD103

This just is a pathetic result,their was nothing wrong with ICE being contacted for an illegal alien to have to explain what he is doing in this country and yes he needs to be concerned about his behavior while a illegal visitor to our nation.

bryantrent
bryantrent

O boy

IseeWhereThisIsGoing
IseeWhereThisIsGoing

Wait a minute.... This kid followed all of the rules, registered with the DACA program. Why was he turned over to ICE? couldn't the LBPD or ICE have simply looked him up in the DACA registry (even LBPD calling ICE and giving them his info to look him up in their database), confirmed he was a DACA participant, and let him go?

This isn't a random illegal who committed a crime, he is enrolled in a federal program to protect illegals whose parents came here years ago.... I'm finding little sympathy for the PD in this case.....

Stanracer
Stanracer

Get arrested for impaired Driving, get $18,750!!! Only in Calicrazy.😝👎

GeeGirl
GeeGirl

If one is in the country ILLEGALLY, then you are not a citizen and you have no rights at all!!!!!!

Berniejugs1
Berniejugs1

I feel for law enforcement. Our country is upside down.

colonelorville
colonelorville

The system is just too complicated.

Wish505
Wish505

Is he a citizen of the United States? If not in my books he does not fall under the protection of our constitution and in addition if you feel you can violate our laws and get away with it then you need to be deported. CA and its pussy laws suck. I know it would be expensive but the city needs to appeal this issue and get control of this before every non citizens starts putting money in there pocket. In addition is it true that no state law can rule above the constitution?

LAW169
LAW169

California is violating Federal law by not cooperating with ICE. The sanctuary politicians are the real criminals. They are committing treason and should be removed from office and prosecuted.

Hi_estCommieDenom
Hi_estCommieDenom

And I'm sure CA will raise taxes on the people who WORK for a living... to pay for this crap

JoeGood7
JoeGood7

I find it the height of irony that California calls their applicable law the California Values Act, in that California has the most screwed up "values" of any state ever. But know that New York is determined to give Cali a run for their money.

investigator
investigator

I weep for my Country!

gwiborg
gwiborg

Any such state statute as the "California Values Act, which prohibits local law enforcement agencies from working with federal immigration enforcement authorities.", should ultimately and loudly be found unconstitutional by the SCOTUS. No state or other sub-jurisdiction should be able to pass such a subversive and divisive law.

lauraaz
lauraaz

DACA does not change the fact that they are still illegal aliens. it only postpones their deportation. He should not get one cent!

Brianwc
Brianwc

This is certainly upsetting I've seen many people arrested and detained due to their driving while under the influence or driving while impaired many held in jail for days until they went to see a judge and now there is this person of whom I would say the police acted as they should have when stopping a threat to public safety and finding the person is not a citizen and does not have the information with him to prove he is legally in the Country This mans detainment is minimal compared to some who have been stopped for driving after drinking I wonder when considering discrimination if everyone who has been arrested drinking and driving should be paid for the inconvenience an amount based on the time spent detained against their wishes

max5647
max5647

The article does not say he is officially on the DACA roles and if not this has got to stop If the Federal government does not challenge this alleged incidents then we are living in the wrong country State law should not supercede Federal Law because of political bias

Zpwjs
Zpwjs

When did constitutional rights start being applied to non citizens?

sanman899
sanman899

How is being guilty of violating federal law and being arrested legally for such, a payday for anyone but us taxpayers, SICK of this chit and frankly sick of THEM.

JJ7840
JJ7840

The only thing wrong here is "the California Values Act, which prohibits local law enforcement agencies from working with federal immigration enforcement authorities".

amlee
amlee

Do we expect anything less of commiefornia?

amlee
amlee

This is from the same state who found a house keeper not guilty of theft......because she was poor and an illegal alien. The same jury set up a go fund me account for the criminal......come on big one, nevada needs some ocean front property.


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