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Lawyer’s ICE Threat in Latino Eviction Suit Prompts AG Consumer Alert

California’s attorney general has warned that threatening tenants with immigration enforcement violates state law in the early stages of the Morales family’s wrongful-eviction lawsuit.

Overview

  • The Morales family alleges they were illegally evicted from their Baldwin Park home and filed a wrongful-eviction lawsuit against landlord Celia Ruiz and agent David Benavides in May.
  • Emails from defense lawyer Rod Fehlman in late June told the U.S.-born tenants they were "likely to be picked up by ICE and deported prior to trial," prompting accusations of intimidation and racial profiling.
  • Attorney General Rob Bonta issued a July 23 consumer alert underscoring that it is illegal in California to harass or retaliate against tenants by disclosing or threatening to disclose immigration status.
  • Fehlman has since said his ICE reference was intended as a general caution about courthouse arrests, while the tenants’ lawyers are considering filing ethics or disciplinary charges against him.
  • The lawsuit has progressed against Benavides’s brokerage, but landlord Ruiz remains unlocated and unserved even as ICE reported 2,031 interior arrests in Southern California in June.