Six youth immigration activists, arrested while protesting an U.S. Immigration and Customs Enforcement ( ICE ) Secure Communities public hearing, will now face a jury trial March 2.
The Department of Homeland Security hosted a series of public hearings across the country last year on Secure Communities to gain feedback from the people. During the Chicago hearing in August, members of Immigrant Youth Justice League, Nuestra Voz and the Latin@ Youth Action League shared their opinions on the program and called for attendees to walk out.
After leaving the meeting, six undocumented immigrants—Fanny Lopez-Martinez, Jorge Mena, Arianna Salgado, Ireri Unzueta Carrasco, Carla Navoa and Miguel Martinez—formed a circle on West Washington Street, blocking traffic. Police removed them from the street several times before the activists sat in an entrance to the I-94 expressway. Police asked them to move, and upon refusing, the activists were arrested.
The activists were scheduled for a bench trial Jan. 11, but Judge Jim Ryan granted prosecutors a continuance because a state witness was ill.
There was also confusion over the complaints. Both sides prepared cases for obstruction of traffic and reckless conduct charges, but the charges filed were obstruction of traffic and mob action.
"I don't think anyone's ready for trial," said Ryan.
The activists are now looking at a fifth court date, with a trial set for March 2. Prosecutors previously offered plea deals with a punishment of fines and community service, but the defendants declined them.
"We've seen our peers do civil disobedience while being undocumented in other states. We didn't expect Chicago to take it this far," said Mena.
The defendants will rely on the "necessity defense," an argument anti-war activists spearheaded in the 1980s. To successfully argue this defense, they must prove the protest action is directly connected with the laws being protested.
