While You Were Sleeping: Kansas City ICE Agent Assaults Attorney, Pregnant Mother And Child Deported

When I talked to Andrea Comfort Martinez on the phone earlier today, she was waiting in line at CVS to fill her prescription for pain medication. “Wait, I need that paper back,” I heard her tell the pharmacist. “I wrote an affidavit on the back.”

Martinez, an immigration attorney here in Kansas City, was injured early this morning. By an ICE agent.

While we were sleeping, local immigration authorities deported Kenia, 7-months-pregnant, and her 3-year-old son, Noah. It was 3:30 a.m., and it was raining. More than 40 members of the clergy, and others from the community, had gathered outside the ICE offices to show support for the family. They held signs that said “white silence is violence,” and “the world is watching.”

Deportations like this are happening all over the country, all the time. They do these things in the middle of the night so that there won’t be a scene. But today, in Kansas City, there was a scene. Because so many had gathered to show support, there were also news crews present. Maybe this is why agents got aggressive when attorneys tried to accompany the family into the facility.

Martinez, the family’s lawyer, said she and her associate arrived with Kenia’s boyfriend, Luis Alfredo Diaz Inestroza. Originally, agents had told Luis that he could meet Kenia and Noah in the parking lot to say goodbye. But once the agents saw the crowd present, they called Martinez’ cell phone and told her that her client needed to come inside instead. “We were uncomfortable with that,” she said, because Luis is undocumented as well. While they were trying to decide what to do, an agent came over, forcibly grabbed Luis by the arm, and took him inside.

It was at this point that both attorneys tried to enter the facility behind their client. Agent Everett Chase shoved them backward and quickly closed the door. Martinez, wearing heels, fell backward, rolling her ankle. Martinez was later allowed into the building. However, Agent Chase then detained her in a locked ICE office, and called FPS claiming that she had “attempted to forcibly enter the building.”

Meanwhile, Martinez said her foot had begun to swell. Agent Chase would not call for medical help, nor would he allow her to use her phone to do so. In fact, she says the agent “continually looked at my phone to make sure I wasn’t recording him.” She was eventually given an ice pack, but was detained for almost an hour. When she was eventually released, she was carried out on a stretcher, and taken to a nearby hospital where she was treated for a fracture of the right foot, in addition to multiple abrasions.

“Of course lawyers shouldn’t be getting shoved around,” Martinez said, “but the agents’ treatment of Luis is most concerning.” Her client was told by ICE officials that he would be able to just say goodbye to his family. But then he was forced into the ICE facility and detained. Despite being bond eligible, he is being transferred to the Morgan County Jail, where it could take weeks for him to get a bond hearing from a judge.

While Martinez and her partners continue to seek justice for this family, local clergy are also sharing their view from outside the same scene. My friend and colleague, Rev. Travis Smith McKee shared this perspective:

As the family came in the door, the news media and the Netflix crew tried to get the best shot. The family came in and their attorney was accompanying them, identifying herself the whole time. The ICE agent didn’t want to let her in and shoved her as she was in the way of closing the door. She hit the ground and hurt her knees and ankles. The peaceful crowd swarmed the door in disbelief. Eventually, after pounding on the door and shouting “I’m their attorney,” she was let in.

Rain had been coming down off and on throughout the morning, but as we went to the back of the building, hoping to show support for the mother who had not been able to see us, the rain came down hard. We ran back to the front when we assumed they were leaving in the van that pulled up there, but soon realized the other van speeding from the back had the family. They were on their way to the airport, mother and son soon to be deported.

Around this time, an ambulance pulled up. And just as quickly as it appeared, it disappeared. The lawyer’s partner was trying to flag them down. I saw where they parked and ran down the street to let them know they were at the right spot. However, they had been told by their dispatcher they were not allowed to go in. They were told it was a “volatile situation” and they had to wait for police to clear the scene. I explained the deportation, the lawyer who had been shoved, and the medical help she needed … Even when the ambulance got there, the paramedics had to wait 10 minutes at the door to be let in. The same officer was confronted by the crowd, and he was noticeably angrier. Several of us hoped that that anger was not being taken out on the family. We did find out later that Luis was also detained this morning.

As the paramedics were finishing up, police finally arrived. They were simply being present, as well. No agitation, no domination of the scene, simply making sure it remained safe. They hung around until the last of us left. Eventually, two hours after we arrived, we realized there were seven KCPD, two Federal Agents, and news media — covering just the last three clergy left there.

Hearing these two different accounts of the incident, what’s most noticeable is that the ICE agent not only used excessive force — he used excessive force and then tried to control the narrative. First, he reported Martinez for trying to “forcibly enter,” and used that as an excuse to keep her locked up (and, presumably, away from reporters and the crowd of witnesses) for the next hour. He then sent the ambulance away, telling dispatchers that this was a “volatile situation,” even though the only violence exhibited was through his own action. All of this after forcing Luis into the facility in the first place, under the pretense of letting him “say goodbye” to his loved ones.

As Martinez noted, not all ICE agents behave this way. However, she says this kind of behavior is becoming more frequent, and is disturbingly “representative” of the way in which many of these officials feel emboldened by the Trump administration — the “us vs. them” tone of their discourse — to abuse their power. “If one of us is not human, none of us are human,” she says. “People who are appalled by this need to keep things loud, on social media and elsewhere. Also, vote.”

We discussed how disturbing these incidents are, both locally and nationwide. But ultimately, Martinez says, “it’s also a blessing to be at such an important time in history, doing such important work.”

She’s right. On that note — get out there folks. I know it’s a discouraging day. Not just here in the KC metro, but on the national stage as well. Today’s Supreme Court ruling to uphold Trump’s travel ban feels like another blow to the work of equality. The SCOTUS decision reflects the xenophobic wave that seems to be sweeping the nation, and the tone of our public discourse. But instead of feeling helpless, get active. Here are some ways to do that, wherever you live.

If you’re in KC, contact Timothy Nay, Assistant Field Officer Director for ICE in KC. His number is 816-880-5055 and his email is Timothy.T.Nay@ice.dhs.gov. Tell him that Luis, who was detained without due process, should be released immediately. You can also strongly encourage that Agent Everett Chase be disciplined (if not dismissed) for his actions today. Also if you’re in KC, contact our local news outlets and tell them you hope to see this story on the evening news. Because, while every station had a news crew there, none of them aired coverage this morning.

Wherever you live, you can contact your representatives and tell them to speak and act against these new policies that are negatively affecting families. Ask them to hold accountable the officials who act outside of their authority in using excessive force.

I’d suggest checking out the work of Immigrant Justice Advocacy Movement, in KC. They are are the Sanctuary coalition in the Metro, working solely on detention and deportation accompaniment with our community. You can find a Sanctuary coalition in your own city, as well. (If there’s not one? Start one).

You can get involved with your local chapter of SURJ—Showing Up for Racial Justice. You will get frequent updates about upcoming community and legislative action items.

The Poor People’s Campaign is also doing good work in the fight for racial justice, so get onboard with whatever they’re doing in your area.

What’s important is that you show up, and speak up. And maybe take your cell phone. We need eyes — and cameras –everywhere.