Federal officers arrested a US citizen in Sacramento raid — was it legal?
Jose Castillo’s arrest by federal Customs and Border Protection agents during an immigration raid at a Home Depot in south Sacramento on Thursday, captured on video by his wife, Andrea, was disturbing: a man running from armed and masked men, finally being pulled to the ground, as his wife screamed in the background that he was a U.S. citizen.
Hours later, federal officials painted a different picture, saying Castillo had slashed the tires on one of their vehicles and impeded their arrests. He has since been released.
But can immigration enforcement officials arrest U.S. citizens?
As sworn law enforcement officers of the U.S. government, they can, said Gabriel “Jack” Chin, an law professor at UC Davis’s School of Law. Under U.S. law, federal officers may arrest a person if they witness a federal crime being committed or if they have reasonable suspicion that the person committed such a crime. Vandalizing a federal vehicle would fall into that category, Chin said. Impeding a federal operation would also be a violation for which agents could arrest someone, he said.
Moreover, many states, including California, allow federal officers to make arrests for local crimes as well, Chin said.
“If federal officers see somebody slashing tires in California, the law almost certainly allows them to make an arrest,” Chin said.
David Kim, assistant chief patrol agent of the Border Patrol’s El Centro Sector, said he expected Castillo to be charged in federal court, although the exact allegations were still under investigation.
Castillo was arrested on “suspicion of slashing tires,” Kim said, but could also be charged with “assault on a federal agent, impeding or obstructing destruction of government property.”
“None of those charges have been solidified yet as far as what’s been put down, or what the person will be charged with,” Kim said.
It was not immediately clear what evidence the agents had regarding Castillo’s actions, or whether he was still in custody.
A Fox News reporter embedded with the Border Patrol posted photos on social media that appeared to show a cut in a vehicle’s tire. A second photo showed the tire flat. But did not say whether he personally witnessed Castillo making the cut, or whether officers had seen him do so.
The advocacy organization NorCal Resists on Friday said in an email that Castillo had been released from custody. The group said he was a volunteer with their so-called Community Migra Watch Team, which aims to alert immigrants to potential raids and document the actions of Border Patrol and U.S. Immigration and Customs Enforcement agents.
The organization said its members were not aware of whether Castillo had yet been charged with a crime, or whether he would be.
But the group said that he had not been treated well while in the custody of the Border Patrol at its Stockton field office, where he and 11 other men were held after their arrest.
“He was very roughly abused,” the group said.
Andrea Castillo also did not respond to a request for information on Friday.
