Five Immigrant Day Laborers Sue Chicago Police and Home Depot for Alleged Abuse.
CHICAGO (CN) — Five immigrant day laborers have filed a federal lawsuit in Chicago, accusing off-duty police officers of carrying out a series of “discriminatory, unlawful, and brutal abuses” at a local Home Depot.
The lawsuit, supported by the civil and labor rights group Latino Union, includes 17 claims of civil rights violations under federal and state law. The defendants are several Chicago police officers, the city of Chicago, Home Depot, and the store’s John Doe employees.
Kevin Herrera, the plaintiffs’ lead attorney from the labor rights group Raise the Floor Alliance, expressed hope for a “speedy resolution” to the complaint, hinting at the possibility of a settlement.
The alleged abuses occurred at a Home Depot on Chicago’s southwest side, where the plaintiffs, from Venezuela and Colombia, have sought day work since last year. Home Depot has a no-solicitation policy, and the workers claim the company hired off-duty police officers to enforce it.
The lawsuit details incidents between last October and May, where the plaintiffs allege they were illegally detained and beaten by both police officers and Home Depot employees inside the store.
“Defendant CPD officers and Doe defendants detained the plaintiffs near Home Depot Store #1986 or in its parking lot, took them into a secluded room inside the store, and beat and insulted them while handcuffed,” the laborers state in their 46-page complaint.
One plaintiff claims his wrist was broken; another says he was shoved to the ground and told in Spanish that he “took a shit on the American flag.” A third plaintiff alleges police punched him in the stomach, laughed at him, and called him a “pinche Venezolano,” which means “fucking Venezuelan” in Spanish.
Three laborers also claim the police forced them to sign paperwork in English that they didn’t understand, and four were charged with criminal trespass. Three of those charges were later dismissed, with the fourth still awaiting a court hearing. The plaintiffs argue that the police department, city, and Home Depot conspired to criminalize their attempts to find work through harassment.
“Chicago Police Department officers working secondary employment at Home Depot Store #1986 have engaged in unchecked abuses of police power while mistreating plaintiffs,” the lawsuit asserts.
The Chicago Police Department has a long history of civil rights abuses against racial minorities, including racial profiling, framing Black youth for murders, and torture. In 2019, the department entered into a federal court-ordered consent decree to curb its worst behaviors. Activists and civil rights groups, however, accuse the department of slow progress on reforms, despite internal reports claiming 74.75% compliance with the decree this year.
The laborers note this history in their lawsuit, highlighting that their experiences are part of a broader pattern of abuse. They reference a similar federal complaint filed by day laborers in 2008, which was dismissed when no attorneys appeared for a scheduling conference.
Herrera emphasized the need for better monitoring of police officers’ off-duty jobs, especially in security roles.
“Our aim with this lawsuit is to push the city and the police department to change how they handle officers’ secondary employment, their ‘moonlighting,'” he said.
The lawsuit also criticizes the city, state, and federal governments for creating conditions that lead to such abuses. Since the summer of 2022, Texas Governor Greg Abbott has bused thousands of newly arrived immigrants to Chicago and other Democrat-controlled cities as a political statement against the Biden administration. The influx strained Chicago’s resources and inflamed racial tensions, particularly among Black community leaders.
In November, Chicago Mayor Brandon Johnson’s administration announced that new arrivals’ stay in city-administered shelters would be limited to 60 days, a policy that began in March. Immigrant rights groups and City Hall progressives condemned the policy as inhumane, and the laborers argue it increased their risk of homelessness, pushing them to seek any available work.
The Biden administration expanded temporary protected status eligibility for nearly 500,000 Venezuelan immigrants a year ago, easing their job search. However, the expansion only applies to those who arrived in the U.S. on or before July 31, 2023, and lasts 18 months. This excludes many new immigrants and longtime undocumented immigrants from other countries.
“Most asylum seekers must wait at least six months before the federal government will grant them employment authorization documents,” the laborers state in their complaint.
Despite the federal issues, Herrera said the lawsuit focuses on the city’s responsibility for the abuse. He hopes for institutional reform in policing and immigration but acknowledges the limitations of a single lawsuit.
“Our hope isfor institutional change, but we recognize the limitations to litigation,” he said.
The plaintiffs seek compensatory and punitive damages, a finding that their civil rights were violated, and an order barring the defendants from discriminatory actions, both on duty and off.
