The Olympic Peninsula is a 3,600-square-mile (5,800-square-km)area in northwest Washington state, across the Strait of Juan de Fuca from Canada's Vancouver Island.
In the past decade, the number of Border Patrol agents at Port Angeles, at the north end of the peninsula and with ferry service to Vancouver Island, has increased to 43 from three, said Matt Adams, legal director of the Northwest Immigrant Rights Project, which joined the ACLU in the suit. Port Angeles is 80 miles northwest of Seattle.
The increase followed the 1999 arrest of Algerian Islamist militant Ahmed Ressam, who was stopped at Port Angeles after driving off a car ferry from Victoria in a vehicle filled with explosives he had planned to detonate at Los Angeles International Airport.
Richard Sinks, a spokesman for U.S. Customs and Border Protection, said his agency "strictly prohibits profiling" based on race or religion.
"In determining whether individuals are admissible into the United States, (Customs and Border Protection) utilizes specific facts and follows the Department of Justice's 'Guidance Regarding the Use of Race by Federal Law Enforcement Agencies,'" Sinks said in a statement.
The ACLU was seeking class-action status for the lawsuit, so it would apply to other residents of the Olympic Peninsula. The complaint details the experiences of plaintiffs Jose Sanchez, Ismael Contreras and Ernest Grimes. Sanchez and Grimes are corrections officers, and Contreras is a high school student.
The lawsuit said that Grimes, who is black, was traveling in a car last year when he was stopped by a Border Patrol agent who approached with his hand on his holster and asked Grimes about his immigration status. Grimes was "wearing his correctional officer uniform at the time of this stop," the complaint said.
For each plaintiff, the complaint accused the Border Patrol of conducting the stop because the individual was "a person of color based on his complexion and hair color."
(Writing by Alex Dobuzinskis; Editing by Cynthia Johnston and Peter Cooney)
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