Jesús Gutiérrez is a worker at UC Berkeley and member of AFSCME 3299. Two days before May Day, Jesús went to his job in a dining center at the University of California-Berkeley. But he never made it back home that night.

Jesús' manager called him into the office during his shift to go over his summer schedule. There, two UCPD detectives arrested him for identity theft. Immigration and Customs Enforcement (ICE) was contacted, unnecessarily and illegally.

The charge of identity theft leveled by the campus police is a common form of intimidation used against immigrants, designed to convince detainees to accept voluntary deportation rather than be sent to prison for an extended sentence.

(Related Story: Why is Jesús Gutiérrez in Jail?)

Currently Jesús is being held at Santa Rita Jail. UPDATE: Jésus' court hearing has been postponed. Please check back here soon for more information — we will post information on his court hearing as soon as it is available.

Call UC Berkeley Chancellor Robert Birgeneau at 510-642-7464 and tell him that UCB should be a sanctuary campus, where all students and workers feel safe and respected; and UC should respect AFSCME's contract, which says that the University must contact the union before contacting Immigration. (Download the flier announcing the call-in.)

Please join the Facebook group and download and pass out the fact sheet on Jesús' case.

Fact Sheet on UC / ICE Cooperation and Unjust Arrest of Jesús Gutiérrez

• February 2007 • AFSCME launches statewide service and patient care worker contract campaign. UC attempts to conduct document re-verification of UC Berkeley service workers—including Jesús Gutiérrez. Such document re-verification is not required by law.
• May and July 2007 • UC Berkeley continues to harass workers with attempts to re-verify documentation, still not required by law. Jesús Gutiérrez is among the workers participating in actions to end UC’s harassment.
• July 2008 • In their campaign for a new contract that includes demands for protections for immigrant workers, UC service workers—including Jesús Gutiérrez—strike UC for a week.
• January 2009 • UC services workers win an unprecedented contract victory that includes protections for immigrant workers. Among many provisions, the side letter to Article 21 of the AFSCME contract reads:

  “The University will insist that a federal immigration agent or a Department of Homeland Security (DHS) agent comply with legal requirements before they may be allowed to interrogate, search or seize the person or property of any employee while the employee is working on the University’s premises and under the University’s control. If permitted by law, the University will notify the Union by telephone to the Union’s office once it learns that a federal immigration agent or DHS agent wishes to interrogate, search or seize the person or property of any employee on the University’s premises.”

• April 2009 • UCPD investigates Jesús Gutiérrez with the assistance of UC Human Resources.
• April 29, 2009 • UCPD arrests Jesús Gutiérrez from his work at Clark Kerr Dining Hall at UC Berkeley on criminal charges of identity theft and false impersonation. UC Police Officer George Hallett identified himself to Jesús as ICE. Jesús requested union representation and was denied union representation. According to Assistant Chief of UC Police Mitch Celaya, UCPD contacted ICE after the arrest. UCPD is not obligated to contact ICE. ICE subsequently put a hold on Jesús, forcing him into indefinite detention at Santa Rita Jail.
• May 1, 2009 • Thousands across the Bay Area march for immigrant rights and workers rights.
• May 4, 2009 • The US Supreme Court rules in Flores-Figueroa v. United States, No. 08-108, that the federal government has been inappropriately using identity theft laws to prosecute immigrants. Authorities had previously used identity theft charges to pressure immigrants to plead guilty to lesser charges and be deported.
• Today • Jesús continues to be held at Santa Rita.
• May 21, 2009 • Jesús Gutiérrez‘s hearing is scheduled at the Alameda County Courthouse in Oakland.