News : Lawmaker blurs line with activists

When a Member of Congress is arrested, it's usually a scandal they try to cover up.

For Rep. Luis Gutierrez, it was a photo opportunity.

In the days leading up to a May 1 protest, the Illinois Democrat's staff carefully planned out his arrest for a misdemeanor trespassing charge, even notifying the police department of their intentions.

Along with other activists at the event, Gutierrez was trying to draw attention to a movement to overhaul federal immigration laws. But it was unusual for a sitting Member of Congress to be picked up.

"I think in order to win we have to give up our own comfort and challenge the system," Gutierrez said as he reflected on his arrest a week later.

A large rally in March and Arizona's new enforcement law have brought attention to the issue, and activists are trying to seize the moment to make some headway in Congress.

Gutierrez has been a leader in this fight for years, and it is one his constituents support. Since 1993, the Democrat has represented a district in Chicago that was carefully carved to hold a 75 percent Hispanic majority.

Lawmakers often try to align themselves with issues popular with their voters. But they tend to work inside the halls of power, not from a protest outside.

Gutierrez doesn't see it that way.

"Just because you're part of a structure doesn't mean your allegiance and your fidelity is to that structure," he said.

That Gutierrez is part of that system is not lost on him, but he rejects the idea that he can't operate outside it.

"It's almost as though you're relegated to fighting in the halls of Congress. I don't believe that's true," he added.

Gutierrez told the crowd to "escalate the struggle" before he was arrested midday on May 1. His white T-shirt, which read "Arrest Me, Not My Friends," and casual pants helped him blend in with the crowd of several thousand activists.

"Today they will put handcuffs on us. But one day we will be free at last in the country we love," he said, invoking the Civil Rights Movement in his speech.

He and about two dozen other religious and community leaders then sat on the White House sidewalk and refused to move when asked by police officers. They were arrested, one by one, and led to a vacant Metrobus where police took mug shots.

Gutierrez rode the bus to a processing facility run by the U.S. Park Police. Officers placed in a holding room with the others for several hours, and then charged him with failure to obey a lawful order. He has since paid the $100 fine associated with the crime.

The congressman wasn't treated better than anyone else because of his position, said Sgt. David Schlosser, a department spokesman. When Gutierrez alerted the police to his plans, they had told him to be prepared for the possibility of a night in jail.

But by 7 p.m., the congressman walked out of the facility and headed home to prepare for an appearance on CBS' "Face the Nation" the following day. The others were also released.

As with any arrest of a lawmaker, the House ethics committee asked the lawmaker to write a report explaining what happened. The panel is required to file that report and make a recommendation on whether to investigate the matter further.

They haven't in most previous cases like this one. Last year, five members were arrested outside the Sudanese embassy during a Darfur protest for crossing a police line.

The committee collected reports and didn't pursue the matter further. But there were consequences for Rep. Keith Ellison (D-Minn.), who said he faced a backlash in his district.

Ellison, a Washington newcomer who was elected in 2006, said some of his constituents thought his actions were unbecoming of a lawmaker.

"I know that if I had issued a press release there's no way it could have gotten the same attention," he said. "Darfur was a moment where I thought I needed to stand up."

Gutierrez probably won't face the same sort of backlash. In fact, it might help him at the polls.

In the 17 years he has represented Illinois' Fourth District, he has led many protests and has been arrested twice. The previous time was a decade ago, when protests erupted over the U.S. Navy's use of Vieques, Puerto Rico, to test bombs.

"It's about representing the people in the Fourth Congressional District," Gutierrez said. Most of the Hispanics in his Chicago district are Puerto Ricans and Mexicans.

The May Day rallies and arrests did put immigration in the headlines that weekend, and the lawmaker discussed his actions during that Sunday talk show appearance.

Gutierrez said he believes his actions helped but knows it isn't enough.

"Any moment you relax pressure, the power here in Washington, D.C., will walk away from you. That's what I believe. It has to be constant," he said. "If you do that, you'll win."

Ambreen Ali writes for Congress.org.

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