UPDATE (5:35 p.m., April 8):
I reached back out to the Department of Homeland Security for clarification on how officers knew the people involved in Monday's incident were, in fact, protesters—since Steven Davis told me he never identified as such.
"Based on the footage we saw, they were protesting ICE activity. What would you call someone that lays down in front and behind a law enforcement vehicle," said Yasmeen Pitts O'Keefe, Regional Director-Southwest for the Department of Homeland Security.
Based on the initial statement from DHS, I also asked for clarification on whether ICE agents identified themselves before or only after South Tucson police arrived, because it appears from their statement that ICE didn’t identify themselves beforehand.
"ICE officers did identify themselves to the gathered people and to the local law enforcement agency," Pitts O'Keefe said.
We are trying to learn from a six-second video shot by Davis if we can hear the agent identify themselves or not. I did request the full video, but haven't received it yet.
It is similar situations like this why Pima County has been working on an ordinance.
The local law would make it illegal for two or more people to gather on public streets or private property if they are wearing face masks concealing 50 percent or more of their faces and carrying items such as tasers, rubber bullets and pepper spray.
The idea is to not only protect neighborhoods, but also law enforcement from people impersonating officials.
After months of discussion, the item passed during Tuesday’s Board of Supervisors meeting. It goes into effect 30 days later, which is May 7.
—————————————
UPDATE (9:19 a.m., April 8):
Following Monday's encounter, U.S. Immigration and Customs Enforcement's Fernando X. Burgos, Public Affairs Officer-Southwest Region, provided a statement responding to what happened.
"Protestors actively impeded ICE officers’ exit from a commercial parking lot at 29th Street and South Sixth Avenue April 6. The officers, who were surveilling a location an alien with a final order of removal had recently been seen, activated their emergency lights and sirens in an attempt to disperse the group, but they continued to obstruct lawful operations. Eventually, the officers had to deploy crowd-control measures, including pepper spray, for their own safety.
Additional ICE team members arrived and physically cleared the group, allowing most units to exit. However, protestors lay down in front of and behind one ICE vehicle. South Tucson Police Department patrol units responded to the scene. One officer directed traffic and another spoke to the protesters. ICE officers identified themselves and explained their presence to police. The remaining ICE vehicle was able to safely exit the parking lot, and no further incidents occurred during the departure."
—————————————
A Tucson man says he was pepper-sprayed while documenting an immigration enforcement presence at a Walgreens in South Tucson, Monday morning.
The man, Steven Davis, is a volunteer observer for the Tucson Community Rapid Response Team. It is a community-based network of volunteers and organizations that monitors and responds to immigration enforcement activity in the Tucson area.
Davis says he arrived to Walgreens, off of 6th Avenue and 29th Street, after hearing reports of about four to five ICE cars in the parking lot.
“Eventually the ICE agents came out and they walked back to their vehicle and they began interacting with the bystanders there," Davis said.
Davis says he began recording as agents interacted with other observers and bystanders outside. He says more ICE agents showed up during this time and says that’s when things escalated.
“I was just--had my camera up to my face and was trying to record ICE agents' interactions with bystanders," said Davis.
He says he followed instructions to keep his distance while filming.
“A couple of times, agents told me to step back, and I stepped back out of their way," Davis said.
Davis tells me that just after 10 a.m., he greeted and began recording a plain-clothed, masked agent as he was getting out of his car, and noticed the agent was carrying pepper spray.
"He came by me once, and he looked like he was going to spray me. I said, 'I have a legal right to observe and record.' And he went by me, and then he came by a second time. Just as he was walking past me, he held up the pepper spray gun and just gave me a blast point blank in the face," Davis described.
He explained what happened after the agent openly pepper-sprayed him and others in the parking lot.
"I couldn't say anything. I collapsed. I just fell in the middle of the parking lot, and I was completely stunned. I've never experienced that level of pain in my life. And it's not like a bee sting, it's not like a pain that goes away after you scratch it or after a few minutes. It's like someone has poured molten lava on your head. It was eyes, nose, face, mouth, and so, I hit the ground and someone went to get some water. I had like a 32 ounce thing of Gatorade and I started rinsing my eyes with Arctic Blast Gatorade," Davis described.
He says he never expected this outcome.
"It's terrifying. He had no insignia. He had nothing on, not even a vest that said ICE. It was just a dude in a plaid shirt and a face mask. He never identified himself to me, never spoke to me," Davis added.
I reached out to South Tucson Police and Mayor Roxanna Valenzuela about what happened, here is what Commander Raul Navarro stated:
"My officer happened to be on his way to the Walgreens for an unrelated shoplifting call.
When an altercation had occurred between what appears to be ICE agents and bystanders, that’s when a call for the disturbance/assistance came in.
We were not assisting ICE or part of any operation.
What we know is that ICE was there at the Walgreens. Between them and the others involved they was apparently some pushing of the ICE vehicles and someone laying on the ground in front of the unmarked ICE vehicle. ICE left and we called for medical attention for those pepper sprayed but those individuals did not want to give us any information or want our assistance. We still however stood by so they could be treated.
We had no reports of any immigration enforcement within our city yesterday."
South Tucson Mayor Roxanna Valenzuela stated:
"ICE and their violent tactics are not welcomed in South Tucson. Our Police Chief was on the scene to keep the peace and provide medical assistance. What happened to that observer is unacceptable. No one in our community should be pepper sprayed for simply bearing witness. We will continue to stand between our residents and this kind of aggression."
I also reached out to the Department of Homeland Security for a comment and am waiting to hear back.
Despite what happened, Davis says he will continue his work with the Rapid Response Team.
This article will be updated as more information comes in.
——
Jacqueline Aguilar is a multimedia journalist at KGUN 9. Born and raised in Yuma, AZ., she is no stranger to the unforgiving Arizona heat. Now this U of A wildcat is excited to be back in Tucson and is looking forward to involving herself in the community. Share your story ideas with Jacqueline by emailing jacqueline.aguilar@kgun9.com or connecting on Facebook, Instagram or X.
______________________________________________________________
Want to discuss this story and keep up with what’s happening in South Tucson and the Southside? Click here to check out and join our new Facebook group to share stories, ask questions, and connect with neighbors.
Also, click here to check out our South Tucson and Southside news playlist at YouTube.
