Guardian: Growing number of US veterans face arrest over Ice raid protests

Veterans are facing federal charges after protesting Ice sweeps and Trump’s national guard deployments. The justice department claims the veterans were violent

US military veterans increasingly face arrest and injury amid protests over Donald Trump’s deportation campaign and his push to deploy national guard members to an ever-widening number of American cities.

The Guardian has identified eight instances where military veterans have been prosecuted or sought damages after being detained by federal agents.

The latest incident occurred in Broadview, outside Chicago, where 70-year old air force veteran Dana Briggs was charged with felony assault on a federal officer on 29 September.

A widely shared video on social media shows a masked US Immigration and Customs Enforcement (Ice) agent advance on and knock over the elderly veteran during a protest outside an Ice detention center.

Federal prosecutors claim Briggs committed assault when he “made physical contact with an agent’s arm while the agent attempted to extend the safety perimeter”.

Briggs pleaded not guilty and was released on an appearance bond.

Jose Vasquez, a former US army staff sergeant and executive director of the progressive veterans’ organization Common Defense, which counts Briggs as a member, said veterans like Briggs “have stood up at Ice protests and faced arrest because we recognize a pattern of state-sanctioned abuse”.

Another veteran, John Cerrone, was arrested while protesting outside the Broadview Ice detention the day before Briggs. A social media video shows a group of masked agents tackle the 35-year-old marine corps veteran, who served as a combat infantryman in Afghanistan, as teargas floats in the air.

Cerrone says he was held for nine hours at the Broadview facility, alone in a cell with walls covered by blood, hair and mucus. He says that while he was behind bars he was visited by an Ice agent who boasted that he had shot Cerrone in the head with rubber bullets and exclaimed: “Where is that pussy!”

“Their conduct was completely unprofessional in my experience in combat infantry,” Cerrone said. “Even in Afghanistan, we had very clear rules of engagement. The conduct of these agents was such that if it occurred in Afghanistan, they would be removed from the front line. They would be court-martialed.”

Cerrone was released after receiving a citation for “exhibiting disorderly conduct on federal property”, a misdemeanor under federal law, which he plans to contest.

White House spokesperson Abigail Jackson told the Guardian: “Anyone who assaults or otherwise harms law enforcement officers will be held accountable to the fullest extent of the law.” Jackson added that “Ice officers are facing an 1,000% increase in assaults because of unhinged rhetoric from activists and Democrat politicians smearing heroic Ice officers.”

Jackson and a Department of Homeland Security (DHS) spokesperson did not provide data to back up the claim about a 1,000% increase.

In a brief reply to questions from the Guardian, a Department of Justice spokesperson said: “Under this Administration, we follow the law and have a one-tier system of justice, and this Department of Justice will relentlessly uphold the rule of law to protect our nation.”

“What drives so many veterans into action is not only the injustice faced by immigrants and protesters, but also the larger threat to democracy rooted in government brutality and militarization,” Vasquez, the Common Defense leader, said. “The disturbing escalation in arrests and violence signals that the basic freedoms we once swore to protect are under attack.”

Not all of the veterans discussed in this story indicated their military service at the time of the incidents or their arrests.

On Thursday, the US district judge Sara Ellis issued a temporary restraining order restricting federal agents from “using riot control weapons” against journalists, protesters and religious practitioners in Chicago unless there is probable cause that the individuals have committed a crime.

In a statement in the wake of Briggs’s arrest, Demi Palecek – an Illinois army national guard member who is running as a Democrat for a state legislative seat in Chicago – criticized Ice agents for their lack of training.

“As a military member, I can tell you – the way they handle weapons is reckless and dangerous,” she said. “I’ve seen Ice agents with their fingers on the trigger of real M16s, pointing M9s directly at people. Trigger-happy. No trigger discipline… with this level of escalation and incompetence, people will die.”

An DHS spokesperson countered that “Ice and other federal law enforcement are using proper force with professional training to protect the public as well as federal buildings from violent Antifa-aligned terrorists.” Those arrested assaulted Ice officers, the spokesperson said.

Veterans have also protested Ice’s use of a Chicago area VA hospital’s parking lot as a staging ground for immigration raids.

Senator Tammy Duckworth – a former US army helicopter pilot who lost the use of both legs when she was shot down over Iraq – offered her support to demonstrators on 17 September, demanding that secretary of veterans affairs, Doug Collins, evict agents from the Edward Hines Jr VA Hospital.

“It adds injury to insult when VA surrenders resources in support of reckless, paramilitary activities that do nothing to enhance Veteran care – and even worse, are actively harming Veterans and US servicemembers by rounding up these patriotic Americans, along with their family members, and deporting them with little or no due process out of the country they were willing to risk their lives to defend,” she wrote.

“We have veterans who are staying away and not getting healthcare or coming in carrying their passports,” said Aaron Hughes, an Iraq war veteran and former Illinois national guardsman, who is a member of the anti-war veterans group, About Face, which organized the protest.

Nicholas Podjasek, a 34 year-old US air force veteran born in Honduras, told the Guardian he cancelled a primary care appointment at the Hines VA which had been scheduled for Thursday.

Though Podjasek, like nearly all veterans is a US citizen, he said many are nonetheless worried about being detained by Ice “because we are brown”, citing a Trump administration policy that legalized racial profiling in immigration enforcement.

“These people are masking themselves and they zip tie children,” he said. “They’ve broken into people’s homes and apartments. They could easily detain me on public transportation on the way to the VA or right outside the gate.”

In an email to the Guardian, VA press secretary Peter Kasperowicz denied such fear exists. Kasperowicz said the VA was “proud to support its federal partners in the fight against illegal immigration” and that there “has been no impact on veteran care or facility access” from Ice agents’ use of the Hines VA parking lot.

In Portland, Oregon, US marine corps veteran Daryn Herzberg II, who served in Afghanistan, is seeking $150,000 in damages after he was hospitalized after being tackled from behind by Ice agents while protesting outside a federal facility in Portland on 13 August.

video posted on social media shows an agent grabbing Herzberg by the hair and slamming his face into the ground multiple times while saying, “You’re not talking shit anymore are you?” according to a Federal Tort Claims Act complaint filed by his attorney.

A DHS spokesperson countered that the former marine corps sergeant, who was honorably discharged in 2012, “is well known for acts of violence outside the Ice facility in Portland, including throwing rocks and other objects at the building and personnel.” The spokesperson also said Herzberg has “used fake blood to falsify injuries” and “perpetuated and encouraged violence” against Ice.

Herzberg has not been charged with a crime. His attorney, Michael Fuller, denied the spokesperson’s assertions and said “the Ice assault video speaks for itself.”

“The fact that DHS won’t attribute its slander of a US marine to an actual witness speaks to the baseless nature of its allegations,” the attorney said.

As previously reported by the Guardian, Afghanistan war veteran Bajun Mavalwalla II faces federal conspiracy charges after participating in a 11 June protest that sought to block the transport of two Venezuelan migrants who were in the country legally seeking asylum when they were detained by Ice.

In Washington DC, attorney general Pam Bondi announced on 14 August that she was charging Afghanistan war veteran Sean Charles Dunn with felony assault after he allegedly threw a sandwich at a Customs and Border Patrol agent. However, prosecutors were unable to secure an indictment from a grand jury.

Other notable veterans arrested, include:

Iraq war veteran and US citizen George Retes, 25, was arrested on 10 July by Ice during a raid on a cannabis farm in Ventura county, California where he worked as a security guard. He was held in federal custody for three days.

Retes is seeking damages under the Federal Tort Claims Act, alleging wrongful arrest. In an op-ed in the San Francisco Chronicle, he wrote: “If it can happen to me, it can happen to any one of us.” In a social media post on X, the Department of Homeland Security alleged he was arrested for assault. As of this writing, no charges have been filed.

A DHS spokesperson told the Guardian that the justice department was reviewing the case, “along with dozens of others, for potential charges related to the execution of the federal search warrant in Camarillo”.

On 25 August, 20-year army combat veteran Jay Carey – who served in Iraq, Bosnia and Afghanistan – was arrested and faces two federal misdemeanor charges after burning a flag in front of the White House. Carey, from western North Carolina, was part of a small group of veterans who came to Washington to protest the national guard’s deployment to that city.

On 13 June , an 87-year-old disabled veteran in a walker was arrested after he traveled from an assisted living facility in Florida to protest Donald Trump’s military parade. John Spitzberg, whose service spanned the army, air force and air national guard, was among dozens of veterans arrested for protesting what they said was the politicization of the armed forces and Trump’s authoritarian instincts. Spitzberg is a member of Veterans for Peace.

https://www.theguardian.com/us-news/2025/oct/13/us-veterans-protest-ice-raids

CNN: Kavanaugh faces blowback for claiming Americans can sue over encounters with ICE

Justice Brett Kavanaugh’s breezy suggestion this week that Americans who are roughed up by ICE can sue agents in federal court is drawing pushback from civil rights attorneys who note the Supreme Court’s conservative majority has in recent years made those cases nearly impossible to win.

Writing to explain the court’s emergency ruling Monday that allowed the Trump administration to continue “roving” immigration patrols in Southern California, Kavanaugh brushed aside concerns that masked ICE agents had pushed, shoved and detained Hispanics – in one instance throwing a US citizen against a fence and confiscating his phone.

“To the extent that excessive force has been used,” Kavanaugh wrote in a 10-page concurrence, “the Fourth Amendment prohibits such action, and remedies should be available in federal court.”

But in a series of recent decisions – including two that involved incidents at the border – the Supreme Court has severely limited the ability of people to sue federal law enforcement officers for excessive force claims. Kavanaugh, who was nominated to the court by Trump during his first term, was in the majority in those decisions.

“It’s bordering on impossible to get any sort of remedy in a federal court when a federal officer violates federal rights,” said Patrick Jaicomo, a senior attorney at the libertarian Institute for Justice who has regularly represented clients suing federal agents.

Lauren Bonds, executive director of the National Police Accountability Project, said that it can be incredibly difficult for a person subjected to excessive force to find an attorney and take on the federal government in court.

“What we’ve seen is, term after term, the court limiting the avenues that people have available to sue the federal government,” Bonds told CNN.

Sotomayor dissents

To stop a person on the street for questioning, immigration officials must have a “reasonable suspicion” that the person is in the country illegally. The question for the Supreme Court was whether an agent could rely on factors like a person’s apparent ethnicity, language or their presence at a particular location, to establish reasonable suspicion.

A US district court in July ordered the Department of Homeland Security to discontinue the practice of making initial stops based on those factors. The Supreme Court on Monday, without an explanation from the majority, put that lower court order on hold – effectively greenlighting the administration’s approach while the litigation continues in lower courts.

In a sharp dissent, Justice Sonia Sotomayor cited the stories raised by several of the people in Southern California who had been caught up in the crackdown.

“The government, and now the concurrence, has all but declared that all Latinos, US citizens or not, who work low wage jobs are fair game to be seized at any time, taken away from work, and held until they provide proof of their legal status to the agents’ satisfaction,” wrote Sotomayor, joined by fellow liberal Justices Elena Kagan and Ketanji Brown Jackson.

Jason Gavidia, a US citizen, was approached in June by masked agents who repeatedly questioned his citizenship status, pressing him to name the hospital in which he was born, according to court records. When he could not answer that question, he said, agents racked a rifle, took his phone and pushed him up against a metal fence.

He was later released.

Another US citizen, Jorge Viramontes, was grabbed and escorted by agents into a vehicle and held in a “warehouse area” for further questioning, according to court documents.

Richard Re, a Harvard Law professor, viewed Kavanaugh’s remark in the opinion differently. Maybe, Re wrote on Tuesday, Kavanaugh was attempting to signal something about where he thinks the law should go.

“When you have an important sentence that’s very ambiguous, it’s usually deliberately so,” Re, who clerked for Kavanaugh when he was an appeals court judge, told CNN.

“I think it’s not clear what to make of that remark,” Re said. “It could suggest a genuine interest, on at least one pivotal justice’s part, in revitalizing Fourth Amendment remediation.”

Limited recourse

The court has for years been limiting the ability of people who face excessive force to sue federal agents, litigation that proponents say can act as a check on such behavior.

In 2020, the court’s conservative majority blocked a damages lawsuit from the family of a 15-year-old Mexican boy who was shot and killed across the border by a Border Patrol agent.

Three years ago, the court similarly rejected a suit from a US citizen who owned a bed and breakfast near the Canadian border and who said he was pushed to the ground as Border Patrol agents questioned a guest about their immigration status.

Lawsuits against federal police are controlled by a 1971 precedent, Bivens v.
Six Unknown Named Agents, that involved federal drug agents who searched the home of a man without a warrant. The Supreme Court allowed that lawsuit, but in recent years it has significantly clamped down on the ability of people to file suits in any other circumstance besides the warrant involved in the Bivens case. The right to sue federal agents, the court has maintained, should be set by Congress, not the courts.

Americans may also sue the government for damages under the Federal Tort Claims Act, if its employees engage in wrongdoing or negligence. But federal courts have carved out a complicated patchwork of exceptions to that law as well. Earlier this year, in a case involving an FBI raid on the wrong house, a unanimous Supreme Court allowed the family to sue, but also limited the scope of a provision of the law that was aimed at protecting people who are harmed by federal law enforcement.

The tort law, Bonds said, is “incredibly narrow, incredibly complex and definitely not a sure thing.”

‘Shadow docket’ criticism

Kavanaugh’s opinion came as the court has faced sharp criticism in some quarters for deciding a slew of emergency cases in Trump’s favor without any explanation.

The Supreme Court has consistently sided with Trump recently, overturning lower courts’ temporary orders and allowing the president to fire the leadership of independent agencies, cut spending authorized by Congress and pursue an aggressive crackdown on immigration while litigation continues in lower courts.

Those emergency cases don’t fully resolve the legal questions at hand – and the court is often hesitant to write opinions that could influence the final outcome of a case – but they can have enormous, real-world consequences.

Emergency cases are almost always handled without oral argument and are addressed on a much tighter deadline than the court’s regular merits cases.

In that sense, Kavanaugh’s opinion provided some clarity about how at least one member of the court’s majority viewed the ICE patrols.

He noted Sotomayor’s dissent and pointed out that the issue of excessive force was not involved in the case.

“The Fourth Amendment’s reasonableness standard continues to govern the officers’ use of force and to prohibit excessive force,” Kavanaugh said.

What he didn’t explain, several experts note, is how a violation of those rights could be vindicated.

“Sincerely wondering,” University of Chicago law professor William Baude posted on social media, “what remedies does Justice Kavanaugh believe are and should be available in federal court these days for excessive force violations by federal immigration officials?”

https://www.cnn.com/2025/09/10/politics/kavanaugh-blowback-ice

KFOR: Homeland Security admits Oklahoma raid targeted wrong people

The U.S. Department of Homeland Security admits they know the mom and three daughters who say ICE agents left them traumatized when they raided their Oklahoma City home were not the suspects they were after.

Since KFOR first told you about the family’s ordeal on Monday, hundreds of people from all corners of the country are asking, How could this have happened?

That is the same question KFOR has been asking, and so far, it still has not been answered.

[The U.S. Department of Homeland Security] finally responded Wednesday, confirming the raid on Marissa’s house was part of that nationwide operation, and admitting for the first time that Marissa and her family were not supposed to be targeted.

Telling KFOR, “Ice was carrying out a court-authorized search warrant for a large-scale human smuggling investigation. The search warrants included the location of an address where U.S. citizens recently moved. The previous residents were the intended targets.”

[Attorney Patrick Jaicomo] says his group will represent Marissa for free too. Telling us her case fits a years-long pattern of questionable raids.

“Based on the facts as I understand them right now, there’s no question that there was a lack of due diligence,” said Jaicomo.

So Homeland Security admits that they f*ck*d up, but thus far has failed to explain why and has not returned the cell phones / laptops / cash that they looted from the home.

Looters should be shot on sight! Especially government looters! No mercy for these fascist DHS pond scum!

https://kfor.com/news/local/homeland-security-admits-oklahoma-raid-targeted-wrong-people

A similar case recently in the news:

https://apnews.com/article/supreme-court-fbi-raid-wrong-house-df4fd6235660a67e4b34a1f790c674ca

https://www.nbcnews.com/politics/supreme-court/supreme-court-considers-lawsuit-arising-wrong-house-fbi-raid-rcna200461

https://kfor.com/ap-politics/ap-supreme-court-hears-arguments-on-case-about-fbi-raid-on-wrong-georgia-home