Westbury traffic stop of Latino man, a U.S. citizen, by federal officers spurs call for federal probe

Long Island civil rights attorney  Frederick K. Brewington is calling for a federal probe after he said a Latino man who is a U.S. citizen was racially profiled by federal agents in Westbury.

Brewington, along with Assemb. Phil Ramos (D-Brentwood), called for Nassau County police and the Department of Justice to review a June 3 traffic stop on Union Avenue in Westbury.

During the 7:30 a.m. stop, Elzon Lemus, 23, of Brentwood, who was born and raised on Long Island, said he was approached by federal agents wearing vests from Homeland Security Investigations and Immigration and Customs Enforcement asking for his identification.

Lemus was a passenger in a van with a co-worker, working as an electrician, on their way to a job site in Westbury. He said he was stopped by agents, who were then joined by about six unmarked vehicles.

During a video Lemus took of the stop, an unidentified agent asked for his identification and said, "You look like someone we’re looking for."

Lemus repeatedly refused to give his identification and the agent responded, "This is going to go one or two ways ... If we don’t get your ID we’ll have to find another way to ID you and it may not work out well for you."

The agent reached in through an open window and opened Lemus’ passenger door and told him to get out of his vehicle. He said the agent turned off his phone that he was recording with and reached into his pocket for his wallet. He said he was handcuffed for about 20 minutes while the agents checked his identification and then released him.

Lemus said the agents violated his civil rights.

"As soon as I saw how they were dressed, they weren't police officers," Lemus said. "I don't have to show them ID, because I didn't commit a crime. I didn't commit anything and I wasn't driving, so as a passenger, I don't need to show them."

Lemus said he also was cognizant of recent ICE operations on Long Island and believed he was being stopped solely because he is Latino.

“Just because I am a man of color and I am Hispanic, I was made to feel as though I was a criminal,” he said.

Nassau County police said they were not involved in the traffic stop and declined to comment. Nassau County Executive Bruce Blakeman’s office said he was unaware of the traffic stop

Representatives with ICE and the U.S. Department of Justice could not be reached for comment Thursday.

Brewington said the agents were also seen stopping other vehicles in the area and had stopped Lemus’ boss that morning. He has asked federal officials to identify the agents involved and their disciplinary records.

"That is the fear which is being instilled into an entire community, and we have a responsibility to make sure that something is done about that," Brewington said.

Ramos called for a federal civil rights investigation, a full public review of all ICE activities on Long Island and state legislators to pass the "New York for All Act" that would limit New York local authorities working with ICE and prohibit police from asking about immigration status.

Nassau County signed an agreement in March to partner with ICE, including deputizing 10 officers to carry out enforcement actions and refer arrestees without legal status to federal authorities.

Nassau County officials said this week they did not expect authorities to carry out any immigration enforcement in schools, hospitals or houses of worship.

By John Asbury

john.asbury@newsday.comJohnAsbury

John Asbury is a breaking news and general assignment reporter. He has been with Newsday since 2014 and previously worked at The Press-Enterprise in Riverside, California.