Feds want to relocate trial for INS agent
BY JAY WEAVER
Federal officials say they want to move the civil rights trial
of a Hispanic immigration agent out of Miami-Dade County because of antigovernment
sentiment still spilling over from the seizure of Elián
González in 2000.
The U.S. attorney's office has asked a Miami federal judge to
relocate the September trial of Immigration and Naturalization Service
agent Rick Ramirez,
saying the government can't get a ''fair trial'' in Miami-Dade.
In his suit, Ramirez claims the INS retaliated against him for
saying that anti-Cuban and anti-Hispanic sentiment in the agency led to
its use of ''excessive
force'' in the raid on the Little Havana home of the Cuban boy's
relatives.
The government reunited the boy with his Cuban father in April 2000, sparking unrest in the county and lingering hatred for the INS, federal lawyers say.
''A change of venue is warranted where the general state of mind
of the inhabitants of a community is so infected by knowledge of the incident
and
accompanying prejudice, bias and preconceived opinions that
jurors could not possibly put these matters out of their minds and try
the case solely on the
evidence presented in the courtroom,'' according to the government's
Tuesday pleading.
RETALIATION CLAIMED
Ramirez, an agent who was involved in the raid, said after he
publicized his bias fears about the INS, the agency retaliated by giving
him a poor job
rating.
A Mexican American and a 17-year veteran of the agency, Ramirez is seeking a transfer within the INS to the San Antonio district.
COMPLAINT TOSSED
In May, a federal administrative judge dismissed Ramirez's discrimination
complaint against the agency. But the judge noted he was troubled by the
''persuasive evidence'' of an anti-Cuban atmosphere within INS
headquarters in Miami.
'At best, they evidence a serious problem within the INS' Miami
district office,'' Administrative Judge Richard Vitaris wrote in his 16-page
opinion. ``At
worst, they evidence a hostile work environment for employees
of Cuban-American and Hispanic national origin.''
Vitaris ruled that Ramirez's allegations do not fall under the Whistleblower Protection Act and therefore he lacked jurisdiction in the matter.
The judge did leave the door open, however, for the federal civil rights violation suit.
Ramirez and his attorney, Larry Klayman of Judicial Watch, said the administrative hearing was beneficial, despite the loss.
Several immigration officials testified about anti-Cuban paraphernalia,
and comments made in the Miami district office that could be construed
as
anti-Cuban.
CUP HOLDERS
For example, INS agents who took part in the raid testified they
saw cup holders bearing the image of a Cuban flag with a line slashed across
it, as well
as ''banana republic'' banners and a box with a cartoon of a
boy that read ``Elián: kick me.''