Berenice Garcia-Hernandez said she was followed by Immigration and Customs Enforcement officers near Stark Street and Hogan Drive in Gresham after she photographed their vehicle.
The agents then used excessive force to smash her window and take her into custody, according to a demand letter her attorney sent to the Department of Homeland Security on Friday afternoon.
The arrest was also caught on video and shared to Facebook by Oregon State Representative Ricki Ruiz. Garcia-Hernandez’s attorney provided it to KOIN. In the video, the driver’s side window of Garcia-Hernandez’s vehicle has clearly been smashed. The glass on the passenger’s side also appears to be missing.
One agent can be seen reaching toward her through the passenger side window, while another approaches from the driver’s side with the broken glass and wrestles her out of the car while two other men follow closely behind. At least one of the men had the words “POLICE ERO” on his back.
Garcia-Hernandez was detained for seven hours at the ICE field office on South Macadam Avenue in Portland, according to the letter.
She has since been released, but while in custody, her phone and engagement ring were taken. Garcia-Hernandez said they still have not been returned.
In a post on Facebook, she said she believes that the officers are trying to obtain a warrant to unlock her phone. She has also posted that she was photographing the vehicles to try to protect her community, and she believes that is why she was arrested.
Her lawyer is seeking the items be returned, and has referred the case to the Oregon Department of Justice and the Multnomah County District Attorney’s Office for review.
The Department of Homeland Security did not immediately respond to an email request for comment. We will update this article if they do get back to us.
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