david huerta

Federal authorities are now pursuing a misdemeanor charge against David Huerta, president of Service Employees International Union California, who was arrested during the first day of a series of immigration raids that swept the region.

Prosecutors originally brought a felony charge of conspiracy to impede an officer against Huerta, accusing him of obstructing federal authorities from serving a search warrant at a Los Angeles workplace and arresting dozens of undocumented immigrants on June 6.

On Friday, court filings show federal prosecutors filed a lesser charge against Huerta of “obstruction resistance or opposition of a federal officer,” which carries a punishment of up to a year in federal prison. The felony he was charged with previously could have put him behind bars for up to six years.

The U.S. attorney’s office in Los Angeles declined to comment.

In a statement, Huerta’s attorneys, Abbe David Lowell and Marilyn Bednarski, said they would “seek the speediest trial to vindicate David.” The lawyers said that “in the four months that have passed since David’s arrest, it has become even clearer there were no grounds for charging him and certainly none for the way he was treated.”

“It’s clear that David Huerta is being singled out not for anything he did but for who he is — a life-long workers’ advocate who has been an outspoken critic of its immigration policies. These charges are a clear attempt to silence a leading voice who dared to challenge a cruel, politically driven campaign of fear,” the statement read.

The labor union previously stated that Huerta was detained “while exercising his First Amendment right to observe and document law enforcement activity.” Huerta is one of more than 60 people charged federally in the Central District of California tied to immigration protests and enforcement actions.

Two recent misdemeanor trials against protesters charged with assaulting a federal officer both ended in acquittals. Some protesters have taken plea deals.

In a statement Friday, Huerta said he is “being targeted for exercising my constitutional rights for standing up against an administration that has declared open war on working families, immigrants, and basic human dignity.”

“The baseless charges brought against me are not just about me, they are meant to intimidate anyone who dares to speak out, organize, or demand justice. I will not be silenced,” he said.

Huerta was held at the Metropolitan Detention Center in downtown Los Angeles for days, prompting thousands of union members, activists and supporters to rally for his release. California Democratic Sens. Adam Schiff and Alex Padilla also sent a letter to the Homeland Security and Justice departments demanding a review of Huerta’s arrest.

A judge ordered Huerta released in June on a $50,000 bond.

The case against Huerta centers on a June 6 workplace immigration raid at Ambiance Apparel. According to the original criminal complaint filed, Huerta arrived at the site around noon Friday, joining several other protesters.

Huerta and other protesters “appeared to be communicating with each other in a concerted effort to disrupt the law enforcement operations,” a federal agent wrote in the complaint.

The agent wrote that Huerta was yelling at and taunting officers and later sat cross-legged in front of a vehicle gate to the location where law enforcement authorities were serving a search warrant.

Huerta also “at various times stood up and paced in front of the gate, effectively preventing law enforcement vehicles from entering or exiting the premises through the gate to execute the search warrant,” the agent wrote in the affidavit.

The agent wrote that they told Huerta that if he kept blocking the Ambiance gate, he would be arrested.

According to the complaint, as a white law enforcement van tried to get through the gate, Huerta stood in its path.

Because Huerta “was being uncooperative, the officer put his hands on HUERTA in an attempt to move him out of the path of the vehicle.”

“I saw HUERTA push back, and in response, the officer pushed HUERTA to the ground,” the agent wrote. “The officer and I then handcuffed HUERTA and arrested him.”

According to a statement from SEIU-United Service Workers West, SEIU California State Council, and the Service Employees International Union, “Huerta was thrown to the ground, tackled, pepper sprayed, and detained by federal agents while exercising his constitutional rights at an ICE raid in Los Angeles.” Video of his arrest went viral.

“Despite David’s harsh treatment at the hands of law enforcement, he is now facing an unjust charge,” the statement read. “This administration has turned the military against our own people, terrorizing entire communities, and even detaining U.S. citizens who are exercising their constitutional rights to speak out.”

Acting U.S. Atty. Bill Essayli, posted a photo on the social media site X of Huerta, hands behind his back, after the arrest.

“Let me be clear: I don’t care who you are — if you impede federal agents, you will be arrested and prosecuted,” Essayli wrote. “No one has the right to assault, obstruct, or interfere with federal authorities carrying out their duties.”

In an interview with Sacramento TV news oulet KCRA last month, Essayli referred to Huerta as Gov. Gavin Newsom’s “buddy” and said he “deliberately obstructed a search warrant.”

While speaking with reporters in June, Schiff said Huerta was “exercising his lawful right to be present and observe these immigration raids.”

“It’s obviously a very traumatic thing, and now that it looks like the Justice Department wants to try and make an example out of him, it’s all the more traumatic,” Schiff said. “But this is part of the Trump playbook. They selectively use the Justice Department to go after their adversaries. It’s what they do.”

Unions in California are different from those in other places.

More than any state in our troubled country, their ranks are filled with people of color and immigrants. While unions have always been tied closely with the struggles of civil rights, that has become even more pronounced in the years since George Floyd was killed by a police officer in Minneapolis.

In the subsequent national soul-searching, unions were forced to do a bit of their own. But where that conversation has largely broken down for general society under the pressure of President Trump’s right-wing rage, it took hold inside of unions to a much greater degree — leading to more leadership from people of color, sometimes younger leadership and definitely an understanding from the rank and file that these are organizations that fight far beyond the workplace.

Which is why the arrest of David Huerta, president of SEIU-USWW and SEIU California, by U.S. Immigration and Customs Enforcement on Friday is going to have a major impact on the coming months as deportations continue.

“They have woke us up,” Tia Orr told me Saturday morning. She’s the executive director of the 700,000-strong Service Employees International Union California, of which Huerta is a part, and the first African American and Latina to lead the organization.

“And I think they’ve woke people up across the nation, certainly in California, and people are ready to get to action,” she added. “I haven’t seen that in a long time. I don’t know that I’ve seen something like that before, and so yes, it is going to result in action that I believe is going to be historical.”

While unions have voiced their disapproval of mass deportations since the MAGA threat first manifested, their might has not gone full force against them, taking instead a bit of a wait-and-see approach.

Well, folks, we’ve seen. We’ve seen the unidentified masked men rounding up immigrants across the country and shipping them into life sentences at torturous foreign prisons; we’ve watched a 9-year-old Southern California boy separated from his father and detained for deportation; and Friday, across Los Angeles, we saw an anonymous military-style force of federal agents sweep up our neighbors, family members and friends in what seemed to be a haphazard and deliberately cruel way.

And for those of you who have watched the video of Huerta’s arrest, we’ve seen a middle-aged Latino man in a plaid button-down be roughly pushed by authorities in riot gear until he falls backward, and seems to strike his head on the curb. Huerta was, according to a television interview with Mayor Karen Bass, pepper-sprayed as well. Then he was taken to the hospital for treatment, then into custody, where he remains until a Monday arraignment.

U.S. Atty. Bill Essayli wrote on social media that “Federal agents were executing a lawful judicial warrant at a LA worksite this morning when David Huerta deliberately obstructed their access by blocking their vehicle. He was arrested for interfering with federal officers … Let me be clear: I don’t care who you are—if you impede federal agents, you will be arrested and prosecuted. No one has the right to assault, obstruct, or interfere with federal authorities carrying out their duties.”

I have covered protests, violent and nonviolent, for more than two decades. In one of the first such events I covered, I watched an iconic union leader, Bill Camp, sit down in the middle of the road in a Santa suit and refuse to move. Police arrested him. But they managed to do it without violence, and without Camp’s resistance. This is how unions do good trouble — without fear, without violence.

Huerta understands the rules and power of peaceful protest better than most. The union he is president of — SEIU United Service Workers West — started the Justice for Janitors campaign in 1990, a bottom-up movement that in Los Angeles was mostly powered by the immigrant Latina women who cleaned commercial office space for wages as low as $7 an hour.

After weeks of protests, police attacked those Latina workers in June of that year in what became known as the “Battle of Century City.” Two dozen workers were injured but the union did not back down. Eventually, it won the contracts it was seeking, and equally as important, it won public support.

Huerta joined USWW a few years after that incident, growing the Justice for Janitors campaign. The union was and has always been one powered by immigrant workers who saw that collective power was their best power, and Huerta has led decades of building that truth into a practical force. He is, says Orr, an organizer who knows how to bring people together.

To say he is a beloved and respected leader in both the union and California in general is an understatement. You can still find his bio on the White House website, since he was honored as a “Champion of Change,” by President Obama. Within hours of his arrest, political leaders across the state were voicing support.

“David Huerta is a respected leader, a patriot, and an advocate for working people. No one should ever be harmed for witnessing government action,” Gov. Gavin Newsom posted online.

Perhaps more importantly, AFL-CIO President Liz Shuler, speaking for her 15 million members, issued a statement.

Huerta “was doing what he has always done, and what we do in unions: putting solidarity into practice and defending our fellow workers,” she said. “The labor movement stands with David and we will continue to demand justice for our union brother until he is released.”

Similar statements came from the Teamsters and other unions. Solidarity isn’t a buzzword to unions. It’s the bedrock of their power. In arresting Huerta, that solidarity has been supercharged. Already, union members from across the state are making plans to gather Monday for Huerta’s arraignment in downtown Los Angeles.

Meanwhile, Stephen Miller, the Santa Monica native and architect of Trump’s deportation plans, has said the raids we are seeing now are just the beginning, and that he would like to see thousands of arrests every day, because our immigrant communities are filled with “every kind of criminal thug that you can imagine on planet earth.”

But in arresting Huerta, the battleground has been redrawn in ways we don’t fully yet appreciate. No doubt, Miller will have his way and the raids will not only continue, but increase.

But also, the unions are not going to back down.

“Right now, just in the last 14 hours, labor unions are joining together from far and wide, communities are reaching out in ways I’ve never seen,” Orr told me. “Something is different.”

Rosa Parks was just a woman on a bus, she pointed out, until she was something more. George Floyd was just another Black man stopped by police. Until he was something more.

Huerta is the something more of these immigration raids — not because he’s a union boss, but because he’s a union organizer with ties to both people in power and people in fear.

The coming months will show what happens when those two groups decide, together, that backing down is not an option.