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ICE use taser while detaining man in Providence, sending him to the hospital, attorney says

The man, who had a interview for his green card scheduled the day ICE detained him, was brought to Rhode Island Hospital, where his attorney was not allowed to speak with him

Rhode Island Hospital in Providence, R.I.Pat Greenhouse/Globe Staff

PROVIDENCE — US Immigration and Customs Enforcement agents used a taser on a man as they apprehended him in Providence, prompting him to be taken to Rhode Island Hospital, according to the man’s attorney.

The man, who is married to a US citizen, had been scheduled for an interview with United States Citizenship and Immigration Services that day and was in the process of obtaining his green card, attorney Kelvin Santos told the Globe, but was detained by ICE before his appointment.

Santos said ICE agents went to the Providence home of his client, whom he declined to identify, last week and demanded he step outside.

“He was essentially trying to tell them, ‘I’ll come outside. I’ll comply. I just want to make sure you guys aren’t gonna rough me up,’” Santos said. “And he eventually went outside, and they, you know, converged on him, threw him up against the hood of the car, [put] one of his arms behind his back, and tased him, and he passed out.”

 

 

June Rose, chief of staff for the Providence City Council, confirmed the man was detained in the city’s West End neighborhood on Parade Street — adjacent to Dexter Training Ground — and that he was tased by ICE agents.

As a result, the man suffered a medical episode and firefighters brought him to the hospital, according to Rose. City police were not involved in the apprehension, Rose said.

In a statement, an ICE spokesperson said an officer used a taser to subdue the man – who the agency only identified as a Dominican national – after he “became combative with the officers a​nd ... attempted to grab the belt of an arresting officer."

“Despite public outrage over the officers using a taser to subdue the individual, ICE officers are highly trained in the deployment of such tactics,” the statement said. “In this case, our officers used the minimum amount of force to de-escalate the situation and were justified in their actions, especially considering the individual’s history of violent history.”

In an email, Josh Estrella, a spokesperson for Mayor Brett Smiley, said the Providence Fire Department “responded to a call for service for an individual who had been tased but we’re unaware of any details of the investigation by any federal agency.”

“The Providence Police Department responded to reports of a protest at RI Hospital,” Estrella said. “We don’t have any additional details at this moment.”

Santos said he was initially prevented by ICE from speaking to his client at the hospital last week.

“That’s just kind of what this administration has been doing, generally speaking, with not affording certain people due process,” Santos said. “The fact that he was being detained by ICE, was at the hospital, and then they kind of just refused to speak to us, that was initially fairly alarming.”

After talking to his client, Santos said the man was “a bit emotionally shaken up” and was otherwise all right, “generally speaking.”

The man initially entered the United States on a visa, Santos said, but he declined to say which country his client came from.

He said, however, his client is eligible for a green card because his wife — who is currently pregnant — is a US citizen, according to Santos.

As part of that process, the man had an interview scheduled with United States Citizenship and Immigration Service but was apprehended by ICE before he could go, according to Santos.

“We don’t know if the timing was a big coincidence — probably not in my estimation," Santos said.

According to ICE, other than being in the country illegally, the man “has been previously arrested for domestic violence – assault and battery, domestic violence unlawful breaking and entering a dwelling or house, domestic violence - refusal to relinquish/damaging/obstructing telephone, resisting arrest, assault of a police officer and disorderly conduct."

 

 

 

The incident drew a crowd of demonstrators outside the hospital that afternoon, the Rhode Island Deportation Defense Coalition said.

“This is a shameful example of ICE not only trying to circumvent legal and constitutional protections in their war against immigrants, but ignoring the will of the people,” Kate Hao, a coalition organizer said in a statement. “Because of the protest and community members who called in to [Department of Homeland Security] Enforcement and Removal Operations, ICE was forced to smuggle our community member out of the hospital through a side entrance.”

In a statement, Democratic Lieutenant Governor Sabina Matos said she was “closely monitoring reports that ICE agents may be refusing a Rhode Islander their right to due process by preventing them from speaking with their lawyer.”

“We are still learning all of the facts involved in today’s events, and I cannot speak with certainty about every detail of this incident,” Matos said. “However, there are no circumstances under which we can tolerate the erosion of the Constitution. If this man is being prevented from speaking with his attorney, then I call on ICE to immediately allow him access to counsel.”

State Representative David Morales, a Providence Democrat, posted a photo from the rally outside the hospital on social media, writing: “In Providence, we show up and defend our immigrant community. Within minutes of an ICE sighting at RI Hospital, dozens of neighbors mobilized to keep our community safe.”

 

 

Speaking on behalf of Providence City Council President Rachel Miller — who represents the ward where ICE detained the man — Rose said the diversity of immigrants in neighborhoods such as Federal Hill and the West End has made them both a “gem of our city.”

“The council president, as the counselor for this ward, absolutely stands with the community and against the federal administration who are disappearing our neighbors, our community members,” Rose said. “It’s a horrifying situation. I think it should scare all of us.”

This story has been updated with comments from Kate Hao, Kelvin Santos, and an ICE spokesperson.


Christopher Gavin can be reached at christopher.gavin@globe.com.