Illegal Immigrant Suing City, Sheriff's Office

WFTV talked to an illegal immigrant Wednesday who is suing the Lake County Sheriff's Office and the city of Tavares. The ACLU said Rita Cote was wrongfully arrested and jailed for nearly two weeks in February, 2009.

Cote explained to WFTV why it was authorities and not her undocumented status that broke the law.

She was barely a teenager when she was brought to the United States. Her parents migrated to the U.S. from Honduras after their home was destroyed by Hurricane Mitch in the late 90s. She's since married a war vet and had four kids.

Now, her attorney said the sheriff's office over stepped it's legal bounds. Two years have passed since Cote was arrested by Tavares police. Her husband Robert vividly remembers the call he got from his 7- year-old son.

"'Daddy, daddy they took mommy!' 'Who took mommy?' 'The police took mommy!'" Robert Cote said.

Cote called police after her sister was attacked by a boyfriend, but when police arrived, the Cotes' said they let the suspect go and were only interested in her immigration status. She was arrested and held in the Lake County jail for nine days.

"Local law enforcement agencies do not have authority to enforce immigration laws, this particular case that's exactly what occurred," attorney Howard Marks said.

There is a process in place that immigration officials have to follow by law. Attorney Howard Marks said the sheriff's office violated Cote's civil rights and the police arrested her without probable cause.

Robert, a Gulf War vet, said he fought for this country because he believes in the rights we're supposed to have.

"If someone came into your house and they kidnapped one of your children, took away and held for nine days how would you feel?" Marks said.

During his last election, Sheriff Gary Borders's campaigned on deporting illegal aliens, but Marks said he's crossing the line. He said 230 immigrants have recently been arrested and held unlawfully.

He said a letter shows the sheriff's office even admitted it made a mistake with Cote. Now she's looking for accountability.

"They still have to follow the same laws in this country that our constitution provides all of us," he said.

We called the Lake County Sheriff's Office and the city of Tavares. The lawsuit is making its way through the system. Both said they can't comment until they see the suit.