George Retes, a U.S. citizen and Iraq War veteran
George Retes, a U.S. citizen and Iraq War veteran Institute for Justice

A U.S. citizen and military veteran who claims he was wrongfully detained during a federal immigration raid in California has drawn a sharp response from the Department of Homeland Security (DHS) — and from his lawyer, who accused the agency of refusing to take responsibility for its actions.

George Retes, 25, was arrested in July during a raid on a cannabis farm in Ventura County, California. In an op-ed published by the San Francisco Chronicle on Tuesday, Retes wrote that he was pepper-sprayed, zip-tied, and jailed for three days despite repeatedly identifying himself as an American citizen and Army veteran. He also said agents ignored his identification, used force against him, and left him unable to contact a lawyer.

DHS disputed his account in a statement on its official X account Wednesday. "We do our due diligence. We know who we are targeting ahead of time," the post read. The agency said Retes "became violent and refused to comply with law enforcement" by blocking the road with his vehicle and was arrested for assault. DHS added that "U.S. citizens are NOT 'wrongfully' being arrested by ICE" and accused critics of spreading "smears" that have fueled "a more than 1000% increase in the assaults on enforcement officers."

In response, Retes' lawyer, Marie Miller of the Institute for Justice, said the government was attempting to avoid accountability:

"Every time Homeland Security is caught doing something bad, the response is not to own it but to sell the public a bill of goods. Thankfully we still have the judiciary in this country. And George has reality on his side."

Retes, who served a tour in Iraq, said his arrest left him humiliated and caused him to miss his daughter's third birthday. He is preparing to sue DHS under the Federal Tort Claims Act, though he must wait six months before filing. "This isn't just my story," he wrote. "It's a warning. Because if it can happen to me, it can happen to any one of us."

The Supreme Court recently upheld expanded immigration enforcement authority in California, with Justice Brett Kavanaugh writing that lawful residents "will be free to go after the brief encounter." Retes argued his case shows otherwise, saying agents could have confirmed his citizenship "in two minutes" but instead chose to detain him.

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