Nearly a year after use-of-force during immigration raid, community asks St. Paul police: 'Where is accountability?'

ST. PAUL, Minn. — Community members say they need answers about the actions of St. Paul police officers as the one-year mark approaches since a federal immigration operation, during which officers responded and used force against some people who had gathered.

The St. Paul Police Civilian Internal Affairs Review Commission has been reviewing complaints filed against police officers and final decisions have not been reached on whether officers violated department policy or if they should face discipline within the department.

Mary Anne Quiroz, co-founder and executive director of Indigenous Roots Cultural Center in St. Paul, said the people who assembled for a Monday press conference weren’t the only ones “demanding this justice and accountability; there are many more.”

Mayor Kaohly Her said in a Tuesday statement that she understands the frustrations expressed.

“As I have maintained since this happened, I am committed to ensuring a thorough review of the Rose Avenue incident, which includes following the City’s process for civilian review,” she said. “The PCIARC is thoroughly examining the investigative evidence in order to make its recommendations. It is critical that we respect the integrity of that process and do not interfere in any way.”

On Nov. 25, a crowd gathered to observe — some in anger and in protest — as Immigration and Customs Enforcement surrounded a house on Rose Avenue near Payne Avenue. ICE arrested two men.

It came just before Operation Metro Surge officially started in Minnesota in December, which the Trump administration stated was to investigate allegations of fraud and “target the worst of the worst criminal illegal aliens in the Minneapolis area.” More than 3,700 people were arrested and data later showed fewer than one-quarter had a criminal conviction on their record, and a little more than 13 percent of those arrested had pending criminal charges.

City Council raised concerns last year

The St. Paul City Council said in a December resolution that the large presence of St. Paul officers had “created public doubt surrounding the integrity of the city’s separation ordinance and the conduct of SPPD officers.”

St. Paul has a separation ordinance that says city employees are not authorized to enforce federal immigration policies. Police Chief Axel Henry said in November that the city’s officers had not violated it.

Council member HwaJeong Kim, who went to Rose Avenue as the situation unfolded, said St. Paul officers sprayed her with chemical irritant and she was struck by a less-lethal munition deployed by police. People who were present have described similar uses of force, and it’s been documented in numerous videos.

The St. Paul Police Department said in a statement at the time that they were called to assist when “the federal perimeter was broken by protesters. The street was compromised with foot and vehicle traffic, and a dangerous situation was unfolding.”

Henry said last November that “reports came out that people were starting to arm themselves with rocks and sticks. … I asked additional officers to come to the scene to make the scene safe for both those who were there to protest those events and for the agents themselves.”

Yeng Her of the Immigrant Defense Network said Monday that “community members gathered on Rose Avenue to peacefully observe and protect their neighbors during an ICE raid. And instead, they were met with excessive force, intimidation and violence. Nearly one year later now, we are still asking: Where is the accountability? Where is the transparency?”

Testified to IA commission in September

The St. Paul Police Civilian Internal Affairs Review Commission was told in April they would review all complaints investigated by the department’s internal affairs unit against officers that stemmed from police actions on and around Rose Avenue.

It doesn’t always happen that way — the commission reviews all complaints from community members, plus those that are initiated from within the department if they fall in particular categories. The police chief can refer any type of complaint to the commission, which is what Henry decided to do in the Rose Avenue case.

Amber Mathwig, who filed a complaint with the Police Civilian Internal Affairs Review Commission, said she gave verbal testimony to the commission in September.

“I was told it could be a while yet,” she said of an outcome about her complaint.

Mathwig lives in Bloomington and said she’s connected to St. Paul through the East Side Freedom Library. When a call went out for observers to go to Rose Avenue, Mathwig said she arrived at 9:14 a.m.

“The reason I know the exact numbers is because I was handcuffed and detained by St. Paul Police at 9:29,” she said Monday. “Just like everybody else around me, I was standing there, I was observing, I was blowing a whistle.

“I specifically remember the words being told that I needed a timeout,” Mathwig continued. “I’m a full-grown adult, as anybody would be able to tell. What I couldn’t tell, of course, was who this person was that was arresting me, that was pushing me into the back of a cop car, because they were fully masked. They were St. Paul Police, for sure. They showed up fully masked; they showed up ready to start something.”

After about 2½ hours of being in the back of a squad, someone came to tell the first officer to release her. The second officer is dually assigned to St. Paul police and the U.S. Department of Homeland Security, Mathwig said, “so at no point could St. Paul Police possibly claim they did not know what was going on, because they have people embedded with Homeland Security.”

The police department has officers, at most two at a time, assigned to a federal Homeland Security Investigations taskforce, which includes investigations into gangs, drugs and guns, but their work does not include civil immigration matters, according to the department.

Mathwig said she was released with a citation, which was dismissed.

PD turned over investigations to commission

The St. Paul Police Department has turned over its internal affairs investigations and a report on the events of the day to the Police Civilian Internal Affairs Review Commission, said Nikki Muehlhausen, a police department spokesperson.

“We are confident that the PCIARC is working diligently to review the report,” she said in a Monday statement. “Because the process is still ongoing and to respect the integrity of the investigation, we do not have any additional comment at this time.”

Erica Schumacher, first assistant mayor for safety and justice, said in April that the Rose Avenue incident “involved 77 officers, for several hours, with hundreds of people present.”

“Investigations like these are massive undertakings, as the Internal Affairs Unit has to review hundreds of hours of video footage, 911 calls, and statements from those involved,” she said.

When the PCIARC reviews a case against an officer, if the commission finds violations of department policy, they recommend to the chief what type of discipline an officer should face. The decision ultimately falls to the police chief.

Organizers say ‘there needs to be accountability’

Chenda Hing, an organizer with Minnesota 8, which works with Southeast Asian communities, said people rushed to Rose Avenue last year when they heard federal officers were there.

“For the majority of the ICE enforcement, we saw St. Paul police hand-in-hand with ICE, ready to pepper-spray,” Hing said. “… Real community is at risk when local police choose to work with ICE. And when we consistently see police working with ICE, immigrant and refugees are deterred from seeking any sort of emergency help.”

Satara Strong-Allen of Black Lives Matter Twin Cities said “there needs to be accountability for the situation.”

“There’s no reason that St. Paul Police Department should have been there assisting the operations of ICE,” she said. “… (Officers) had no reason to start shooting tear gas or rubber bullets. … People were blowing whistles and yelling, ‘Shame,’ but there was nothing that should have triggered them to respond to the community that they’re supposed to protect and serve.”

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