Lawsuit: Migrants in Chicago were physically assaulted by security officers while seeking work at Home Depot

CHICAGO - A local alliance that works to protect day laborers is suing the City of Chicago and The Home Depot, alleging that migrants were physically assaulted by security officers while seeking work.

The federal lawsuit was filed Tuesday morning in the Northern District of Illinois. It alleges that five migrants were "beaten" and "choked" on separate occasions at the hands of security guards who were working at The Home Depot, located at 47th Street and Western Avenue.

Raise the Floor Alliance is now representing the Latino Union of Chicago and a group of day laborers who claim that while in need of work, they were taken advantage of by on-site security, some of whom, the lawsuit alleges, were off-duty CPD officers working a second job. Several of those officers are named in the lawsuit.

The allegations of harassment and abuse date back to October 2023.

"There’s nothing illegal about seeking out work as day laborers, and that’s why what happened to them is very egregious and we’re hoping to end it," said Jamitra Fulleord, staff attorney, Raise the Floor Alliance.

Like many other home improvement stores across the city and suburbs, it's common to see new arrivals – who are looking for work – wait near the exit of The Home Depot in the Back of the Yards neighborhood on the city’s Southwest Side.

"Day labor work is as old as the City of Chicago," said Miguel Alvelo Rivera, executive director, Latino Union of Chicago. "This is not a new thing that is happening in terms of people being out there seeking work, but quite the opposite – day workers are an integral part of our city."

The Latino Union collaborates with immigrant workers and U.S.-born day laborers, alike.

"We understand that what is happening and happened at 47th and Western is a symptom of a greater issue. There is a pattern across the board of increased tension, increased aggression," said Alvelo Rivera. "All workers in Illinois and Chicago have rights. It was the workers themselves who said, ‘this is an issue, we need support, how can we work together to get this justice that we are seeking.’"

The first incident detailed in the lawsuit occurred on Oct. 25, 2023. Court documents alleges that a Venezuelan migrant was hit "with an open hand approximately three times in his chest and face."

The lawsuit also states that another migrant was "punched in the stomach, kicked in the knee, and thrown to the ground" on Dec. 20, 2023. This incident, according to attorneys for the plaintiffs, unfolded after the migrant was approached by "four Defendants, three of whom wore black vests with the word ‘POLICE’ on their backs."

One week later, another migrant was allegedly "struck in the face and ribs" after being "dragged" into the store, according to the lawsuit.

The lawsuit outlines a fourth incident on Jan. 10, 2024, when a migrant was allegedly thrown "into a wall" by a security officer.

Finally, on May 22, 2024, the lawsuit claims that a migrant from Colombia who was in the parking lot looking for day work was detained, shoved, and struck in the eye and abdomen.

All the alleged abuse unfolded in a "private back room," according to attorneys.

"Each plaintiff was handcuffed outside of the store. They were forced into the store, forced into this back room, hit in various places on their bodies, and had to listen to xenophobic insults about where they’re from," said Fulleord.

Fulleord says four of her clients are from Venezuela and one is from Colombia. She adds that in most instances, the migrants were arrested.

"Luckily we’ve seen that when our clients get access to public representation, their cases have actually been dismissed," said Fulleord. "What should not be happening is these abuses that are happening while they are seeking work."

Jason Keller, assistant director with the Illinois Department of Labor, adds that there are also protections for migrants to ensure they aren't being exploited on the job. 

"We do not look at immigration status when we get a complaint," said Keller.

He also says the public serves as a crucial set of eyes and ears when it comes to labor violations.

"If you see something that doesn’t seem right, please reach out to us. That’s a lot of times how we find out about certain situations," said Keller. "We need help with people blowing the whistle and telling us about what they are seeing."

In a statement a spokesperson with The Home Depot, said:

"We take allegations of violence very seriously and are investigating this issue. We believe in respecting all people, and we don't tolerate violence or discrimination."

FOX 32 requested statements from the City of Chicago and the Chicago Police Department in response to the lawsuit. Both responded, but stated they cannot comment on pending litigation.