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Subramanyam urges FBI probe into ICE gun incident

The lawmakers said videos recorded by Molina show unmarked vehicles blocking her car before masked ICE agents approached.

 Suhas Subramanyam  Suhas Subramanyam / House Floor

Congressman Suhas Subramanyam on Aug. 19 urged the FBI to investigate an encounter in which a masked ICE agent pointed a gun at a U.S. citizen in Virginia.

The incident occurred Aug. 10 in the Bailey’s Crossroads neighborhood of Falls Church, where Carolina Molina, a Northern Virginia resident, was visiting immigration law offices.

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Subramanyam joined fellow Northern Virginia Reps. Don Beyer and James Walkinshaw, along with House Oversight Committee Ranking Member Robert Garcia, House Judiciary Committee Ranking Member Jamie Raskin and House Homeland Security Committee Ranking Member Bennie Thompson, in asking the FBI and Justice Department’s Civil Rights Division to investigate the incident.

According to the lawmakers’ letter, Molina was volunteering as a licensed professional counselor providing mental health assessments to immigration clients.

The lawmakers said videos recorded by Molina show unmarked vehicles blocking her car before masked ICE agents approached. One agent drew a firearm and pointed it at Molina, according to the footage described in the letter.

The letter says the agent accused Molina of “following” and “recording” the agents before accusing her of trying to run them over and threatening her with arrest. Another agent is heard saying, “I will testify and lock you up.”

The lawmakers said Molina’s dashcam and cellphone footage does not show her attempting to hit or otherwise endanger the agents. They also criticized the Department of Homeland Security for later describing Molina as an “anti-ICE agitator” and alleging that she had “attempted to harm officers by weaponizing her vehicle.”

The lawmakers called for the ICE agents involved to be placed on leave while the FBI investigation and Justice Department review are pending. They also asked DHS to preserve body-worn camera footage, cellphone and vehicle recordings, use-of-force reports, incident reports and internal communications related to the encounter.

The lawmakers cited ICE Directive 19009.3, which governs the use of force and firearms by ICE personnel, and Directive 19010.3, which requires agents to activate body-worn cameras at the start of enforcement activities or as soon as safely possible.

The letter says at least three agents involved in the encounter appeared to be wearing body-worn cameras. Molina also recalled seeing the agent who displayed his firearm activate his camera. Other footage showed an agent recording the interaction on a cellphone and another photographing Molina’s license plate, according to the lawmakers.

The lawmakers asked DHS to identify the agents involved, provide details about their training and disclose whether any internal investigation or disciplinary action had been initiated. They also asked whether the agent who pointed the firearm at Molina complied with ICE’s use-of-force directive and requested complete, unedited footage of the encounter.

They also questioned whether threatening Molina for recording federal officers violated her First Amendment rights and asked what corrective measures the agencies would take to prevent similar incidents.

The lawmakers requested responses from the federal agencies by Aug. 31.

Discover more at New India Abroad.

 

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