CHICAGO – A local alliance to protect day laborers is suing the city Chicago and The Home Depot, where it is alleged that migrants were physically attacked by security guards while seeking work.

The lawsuit, filed Tuesday morning in the Northern District of Illinois, alleges that five migrants were “beaten” and “choked” on two separate occasions by security guards working at The Home Depot on the corner of 47th Street and Western Avenue.

Raise the Floor Alliance is now representing the Latino Union of Chicago and a group of day laborers who claim they were exploited by local security forces despite a need for work. According to the lawsuit, some of them were off-duty CPD officers working second jobs. Several of those officers are named in the lawsuit.

The allegations of harassment and abuse date back to October 2023.

“It is not illegal to seek work as a day laborer, so what happened to them is very egregious and we hope to put an end to it,” said Jamitra Fulleord, attorney for the Raise the Floor Alliance.

Like many other home improvement stores in the city and suburbs, new arrivals – looking for work – are often seen waiting near the exit of The Home Depot in the Back of the Yards neighborhood on the city’s southwest side.

“Day labor is as old as the city of Chicago,” said Miguel Alvelo Rivera, executive director of the Latino Union of Chicago. “The fact that people are looking for work is nothing new; on the contrary, day laborers are an integral part of our city.”

The Latino Union works with both immigrants and U.S.-born day laborers.

“We understand that what happened at the corner of 47th Street and Western is a symptom of a larger problem. There is a pattern of increasing tension and increasing aggression,” said Alvelo Rivera. “All workers in Illinois and Chicago have rights. It was the workers themselves who said, ‘This is a problem, we need support, how can we work together to get the justice we seek.'”

The first incident detailed in the lawsuit occurred on October 25, 2023. Court documents allege that a Venezuelan migrant was struck “with the palm of his hand approximately three times in the chest and face.”

The complaint also states that another migrant was “punched in the stomach, kicked in the knee, and thrown to the ground” on December 20, 2023. That incident, according to the plaintiffs’ attorneys, occurred after the migrant was approached by “four defendants, three of whom were wearing black vests with the word ‘POLICE’ on the back.”

A week later, another migrant was allegedly “punched in the face and ribs” after being “dragged” into the store, the lawsuit says.

The lawsuit describes a fourth incident on January 10, 2024, in which a migrant was allegedly thrown “against a wall” by a security guard.

Finally, the lawsuit alleges that on May 22, 2024, a migrant from Colombia who was in the parking lot looking for a day laborer job was detained, shoved, and punched in the eye and stomach.

According to the lawyers, the entire alleged abuse took place in a “private back room”.

“Each of the plaintiffs was handcuffed outside the store. They were forcibly forced into the store and into this back room, beaten in various parts of their bodies and made to listen to xenophobic insults about their origins,” Fulleord said.

According to Fulleord, four of her clients are from Venezuela and one from Colombia. In most cases, the migrants have been arrested, she adds.

“Fortunately, we have seen our clients’ cases actually dismissed when they have access to public representation,” Fulleord said. “What should not be happening are these abuses that occur during the job search process.”

Jason Keller, deputy director of the Illinois Department of Labor, adds that there are also protections in place for migrants to ensure they are not exploited. At the work.

“We do not review immigration status when we receive a complaint,” Keller said.

He also says the public acts as important eyes and ears when it comes to labor rights violations.

“If you see something that doesn’t seem right, please contact us. That’s often how we learn about certain situations,” Keller said. “We need help from people who can expose abuses and tell us what they see.”

In a statement, a spokesperson for The Home Depot said:

“We take allegations of violence very seriously and are investigating this case. We believe in respect for all people and do not tolerate violence or discrimination.”

FOX 32 asked the city of Chicago and the Chicago Police Department for comments on the lawsuit. Both responded but said they could not comment on ongoing litigation.