ICE Agent Detains Black Business Owner In His Own Restaurant — Now Costing City $3.8M

Chapter 2

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Darnell looked at the agent for a long moment. He was a 44-year-old Black man in an apron in his own restaurant on a street where he had operated for over a decade. He had paid taxes in this city for 26 years. He had a business license framed on the wall six feet from where they were standing. "Of a Black man running a business? That's the description?"

The agent who had spoken was ICE officer Brian Tatum, 32 years old, 4 years with Immigration and Customs Enforcement, assigned to the Atlanta field office. His partner, Officer Shawn Mullen, 36, 7 years with ICE, had stationed himself near the front door.

They were in the Sweet Auburn neighborhood executing a warrant for a Guatemalan national named Eduardo Vasquez, who had overstayed a work visa and was believed to be working at a restaurant on Auburn Avenue. The warrant listed the address as 339 Auburn Avenue. Okafor's Kitchen was located at 393 Auburn Avenue.

The agents had transposed the digits. They were at the wrong address entirely. Tatum had approached Darnell because he was the only Black man he saw who appeared to be working behind the counter. He had made no effort to confirm the address before entering.

He had conducted no verification of his target's physical description before demanding identification. He had simply walked into a Black-owned restaurant on a predominantly Black street and stopped the first Black man he saw. Darnell's server, a 23-year-old woman named Kezia, who had worked at the restaurant for 2 years, spoke up from near the kitchen door. " That's Mr. Okafor.

He owns this restaurant. He's owned it for 12 years," she said.

Tatum said, "Ma'am, stay out of this." Darnell kept his voice measured.

Every customer in the room was watching. He was aware that he was a Black man in a room full of witnesses and two armed federal agents who had already demonstrated they were not interested in facts.

Darnell said, "My name is Darnell Okafor. I am the owner of this establishment. My business license is on the wall behind me, issued by the city of Atlanta. My name is on the lease. My name is on the tax filings for this property going back to 2012. You are in my restaurant during my lunch service and you have given me no legal basis for this stop."

Tatum said, "Sir, I need you to produce identification proving your right to be in this country." Darnell said, "I was born in Atlanta, Georgia, at Grady Memorial Hospital on August 14, 1980. I have never left this country for more than 10 days in my entire life. And you need to tell me right now what specific description you are working from, because whatever it is, it brought you to the wrong place."

Tatum said, "Step out from behind the counter." Darnell replied, "I am not stepping out from behind my own counter without understanding the legal basis for this demand." Tatum moved toward the counter. Darnell did not move back.

He placed both hands flat on the counter surface, visible, and looked directly at the agent. Darnell said, "There is a camera in this room recording every word you say. There are 11 people in this room who can hear every word you say. Tell me the legal basis for this stop."

Mullen, near the door, spoke for the first time. Mullen said, "Brian, let me see the warrant." Tatum ignored him. Tatum said, "Sir, you are interfering with a federal immigration enforcement operation. Step out from behind the counter or I will place you under arrest."

"Arrest me for what?" Darnell asked.

"Obstruction," Tatum replied.

Darnell said, "I have not obstructed anything. I have stood behind my own counter and asked a legal question. If you have a warrant, show it to me." One of the customers, a man in his 50s who had been eating at the counter, stood up from his stool.

The customer said, "I'm an attorney. This man is the owner of this restaurant. Whatever you're looking for, it's not here." Tatum said, "Sir, sit down."

The customer replied, "I'm Marcus Webb, a civil rights attorney. I'm going to observe this interaction. That's my legal right." Mullen walked to Tatum and put a hand on his arm, pulling him slightly back from the counter.

He held out his phone with the warrant address visible on the screen. Mullen said, "Brian, look at the address on the warrant." Tatum took the phone, he looked at it, he looked at the number above the restaurant door, he looked at the warrant again, his face changed. He had been at the wrong address for 6 minutes.

He had detained a business owner, disrupted a lunch service, frightened customers, and threatened to arrest a man for standing behind his own counter in his own restaurant. And every second of it had been captured on camera.

Mullen said, "Mr. Okafor, I apologize. We have the wrong location. We're going to leave."

Darnell said, "You're not just going to leave. You walked into my business. You demanded my papers. You threatened to arrest me in front of my customers. Before you go anywhere, I need your names and badge numbers, both of you."

Tatum gave his name and badge number without meeting Darnell's eyes. Mullen did the same. "Thank you. You'll be hearing from my attorney," Darnell said. The two agents left. The dining room was silent for 5 seconds.

Then Marcus Webb, the attorney who had spoken from his stool, walked to the counter. "Mr. Okafor, that was a civil rights violation. Do you have an attorney?" Marcus Webb asked.

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ICE Agent Detains Black Business Owner In His Own Restaurant — Now Costing City $3.8M

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