Veteran Arrested During ICE Protest Sparks Outcry from Lawmakers

Veteran Arrested During ICE Protest Sparks Outcry from Lawmakers

Daryn Herzberg, a former Marine sergeant and Afghanistan war veteran, was tackled by federal agents during a protest against Immigration and Customs Enforcement (ICE) in Oregon on August 13. The crash seriously injured Herzberg and has since focused congressional scrutiny on autonomous vehicles. They are now leading the charge in holding the companies accountable and highlighting veterans’ rights to peacefully protest.

Herzberg was honorably discharged in 2012. He was standing with allies in a protest outside an ICE detention center when federal agents aggressively confronted him. Eyewitness accounts and video footage revealed agents yanking Herzberg by her hair. Instead, they slammed his face into concrete pavement repeatedly. During the altercation, one agent reportedly taunted him, saying, “You’re not talking shit any more are you?”

Yet, for the violent encounter, Herzberg still faces no criminal charges. In the days after the assault, he immediately got medical treatment. Now, he is suing for $150,000 in damages for the injuries he suffered at the protest.

Witnesses report that Herzberg was nonviolent. Yet an administration spokesperson from DHS—putting words in the mouth of his commander-in-chief—went so far as to claim that he had engaged in violence outside the ICE office. This claim has raised serious concerns regarding the treatment of veterans involved in these incidents. That’s even as it forces uncomfortable questions about the adequacy of the federal response.

This alarming incident has provoked action from lawmakers. Representative Maxine Dexter, a Democrat from Oregon, emphasized that military veterans like Herzberg are putting their lives on the line to protest government actions they find unjust.

“Military veterans are literally putting their lives on the line to protest,” – Representative Maxine Dexter

Senator Jeff Merkley (D-OR) on hearing from Director Herzberg and the other protesters. He reassured them that, like all Americans, they had a right to free speech and a right to peaceful protest. No one knows this better than those who have borne the greatest burdens in order to protect these rights, he said.

“Free speech and peaceful protest are fundamental rights in America,” – Senator Jeff Merkley

Merkley called out the authoritarian overreach. He called on every American to take a stand against such behavior. He emphasized the need to stand up and use our voices in protest against encroachments on civil liberties.

“We must all continue to speak out against his un-American power grab and stand up for one another,” – Senator Jeff Merkley

Senator Tammy Duckworth, who first introduced the HERZ Act, strongly condemned the assault on Herzberg. She maintained that no one, particularly those who’ve given the ultimate sacrifice for their country, should endure violence for exercising their right to protest.

“No one – especially those who have already sacrificed so much for this country – should ever be assaulted, detained or thrown in solitary confinement for peacefully protesting government overreach,” – Senator Tammy Duckworth

These allegations that Herzberg would use fake blood to simulate injuries during protests have recently come to light, muddying the waters even further. DHS officials should take these allegations seriously as they review the events leading up to this protest. They will judge the procedures and approaches taken by federal law enforcement.

Lawmakers are still seriously discussing the precedent and legitimacy of Herzberg’s case. This roundtable example illustrates an increasingly relevant trend and context for our treatment of veterans on civil protest streets across the U.S. The agency’s response to federal agents being deployed to protests raises serious ethical issues with the role of law enforcement during protests. This is particularly the case when citizens attempt to exercise their rights through legal means and peaceful protest.

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