An Interstate 80 weigh station near Mitchellville, Iowa, is being used by the Iowa State Patrol and ICE officers for immigration enforcement. (Photo by Clark Kauffman/Iowa Capital Dispatch; insignias courtesy of the Iowa State Patrol and U.S. Department of Homeland Security)
By Clark Kauffman, Iowa Capital Dispatch
Three drivers arrested on the same day at the same weigh station
Two more individuals detained in Iowa jails by immigration officials are suing the federal government, alleging their rights are being violated.
In recent months, Iowa State Patrol troopers and the U.S. Department of Homeland Security have worked together in pulling over commercial truck drivers near weigh stations along Interstate 80 as part of what they call “Operation ICE Wall.”
Typically, the drivers are pulled over after bypassing the weigh stations, cited for the offense, and then turned over to Immigration and Customs Enforcement officers if it’s determined they entered the United States at some point without authorization. The drivers are then held in Iowa county jails, typically without the opportunity to argue for release on bond.
Many of the cases involve individuals who have been granted temporary residency status and work authorization or are seeking asylum.
One of the most recent cases involves Abhishek Kumar of Richmond Hill, N.Y., who recently filed suit against the U.S. Department of Homeland Security and U.S. Department of Justice, alleging his due process rights have been violated.
According to Kumar’s lawyers, he is a native of India who entered the United States in May 2022. On Feb. 11, he was alleged to be traveling across Iowa, driving a commercial truck, when he was pulled over at a weigh station near Mitchellville. Court records indicate he was detained by ICE officers then taken to the Polk County Jail, where he is being held without the opportunity to argue for release on bond.
Kumar’s arrest at the Mitchellville truck stop took place on the same day, and at the same location, as the arrest of at least two other commercial truck drivers – Suraj Vasal and Jagdish Singh – who were stopped by the state patrol and detained by ICE. Vasal and Singh are also suing the federal government over alleged violations of their rights.
Kumar’s lawyers are now asking a U.S. District Court judge to intervene and either order his release or that he be given a bond hearing in immigration court. The Department of Justice has yet to respond to the case.
Omaha man in western Iowa jail
In a separate proceeding, Usiel Sanchez Romero of Omaha is suing the U.S. Department of Homeland Security and Pottawattamie County. Romero states in the lawsuit he came to the United States without authorization in 2013, has no criminal record, is married with an 8-year-old son, and has owned a contracting business for the past seven years.
He alleges that on March 21, he was subjected to a random and unjustified traffic stop, was detained by ICE, and was then taken to the Pottawattamie County Jail where he continues to be held without the opportunity to argue for release on bond.
Like Kumar, Romero is asking a U.S. District Court judge to intervene and either order his release or that he be given a bond hearing in immigration court.
In response, attorneys for the U.S. Department of Justice allege Kumar’s vehicle was not stopped at random. They allege ICE officers first identified Kumar as the driver of the vehicle, and then ran his name through a federal database to determine his residency status, and then pulled him over.
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