Chelsea family seeking to sue ICE after father is pulled from car on the way to church

The family of a Chelsea man pulled from his car by federal agents in front of his wife and children on their way to church plans to sue Immigration and Customs Enforcement and the Department of Homeland Security.

A video provided by the legal group Lawyers for Civil Rights appears to show the Mother's Day arrest, when agents broke the SUV's passenger window, opened the door and pulled Daniel Flores-Martinez out of the vehicle. Agents held him on the ground and handcuffed him.

Flores-Martinez's attorneys filed a complaint to DHS and ICE on Thursday, a required precursor to a lawsuit.

Flores-Martinez's wife, Kenia Guerrero, is a U.S. citizen and was driving at the time of her husband's arrest. Their three U.S. citizen children, who range in age from 3 years to a teenager, were in the backseat. Their middle child has a number of medical conditions including cerebral palsy and epilepsy.

According to the complaint, glass shards flew into the backseat where two of the children were sitting when the agents shattered the window. At no point was Flores-Martinez asked to exit the vehicle and the agents never identified themselves, the complaint alleges.

Victoria Miranda, an attorney with Lawyers for Civil Rights, said the family wants to hold ICE accountable for the manner in which Flores-Martinez was arrested.

"They do not have the discretion to hurt people and to use violence, and they do not have the discretion to create terror in the communities of people that are contributing to the communities," she said. "These are citizens that are now left with extreme trauma."

The complaint accuses the agents of wrongful arrest, excessive force, assault and battery and infliction of emotional distress against the whole family. They are seeking $1 million in damages.

“My children watched as their father was physically attacked, treated like an animal, and ripped away from us,” Guerrero said in a statement. “They have so many questions, but I don’t have the answers. Why would the government tear our family apart like this? No mother should have to explain this kind of cruelty to her children."

An ICE official said the agency does not comment on pending litigation.

Flores-Martinez is originally from Mexico, his attorneys said. At the time of publication, it was not clear whether he has legal authorization to live in the U.S. He remains in ICE custody.

Federal agents have been accused of breaking car windows to arrest people elsewhere, including in New Bedford, Maryland and Washington state.