Green cards seized; 2 men sue Tenn.

The Tennessean
Updated: 11/26/2008 9:58:54 AM Posted: 11/26/2008 9:55:46 AM

By Janell Ross, The Tennessean

A pair of men whose green cards were confiscated at a Franklin driver's license office over concerns the documents were fake are suing the Tennessee Department of Public Safety.

The lawsuit, filed in U.S. District Court on Monday against the department and its commissioner, claims that by confiscating and keeping the men's green cards for months, the Tennessee Department of Safety violated several of the men's constitutional rights.

Plaintiffs Enrique Bautista and Juan Carlos Angel-Lopez could not be reached for comment Monday. Both men are natives of Mexico and legal permanent residents with green cards issued by the U.S. Department of Homeland Security.

The Tennessee Department of Labor declined to comment on the suit.

"Without going into the specifies of the case, it's incumbent upon the Department of Safety to investigate when we have suspicion or reason to believe that documents may be fraudulent," said Mike Browning, department spokesman.

In 2002, the Sixth Circuit U.S. Circuit Court of Appeals found an Ohio trooper had violated a group of farm workers' rights when he kept their green cards for four days. Legal permanent residents cannot travel outside the country without their green cards, and it is a federal misdemeanor not to carry the card at all times. Tennessee is a part of the Sixth Circuit.

The men's attorney, Elliott Ozment, said the Department of Safety wants to make immigration enforcement its business because it signed up for the 287g program. That allows local and state agencies some authority to do federal immigration enforcement. The Davidson County Sheriff's Office already participates.

"But if these people cannot even verify a green card, cannot make a phone call in a timely fashion ... they are probably ill equipped to be in the immigration business," Ozment said.

According to the suit, on Nov. 14, 2007, Angel-Lopez went to a Department of Safety office in Franklin to renew his driver's license. After presenting his documents, being asked for others and waiting two hours, Angel-Lopez was told that his green card and license were suspect and would not be returned. Angel-Lopez was told to write a letter requesting the return of his green card within 10 days or the document would be destroyed.

Act creates problems

Without a license or green card, Angel-Lopez was barred from entering an area hospital where his wife delivered their child because ID was required. It was more difficult to cash his paychecks, and he could not visit relatives in Mexico over the holidays.

Angel-Lopez and Bautista are seeking a change in the length of time the Department of Public Safety holds on to suspect documents, plus compensation for gas and wages lost because of visits to the Franklin office and their attorney, as well as an unspecified amount in punitive damages and any other compensation the court deems appropriate.

A case management hearing has been set for March 2.

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