A federal judge appointed by former President Barack Obama has ordered the release of 24 people held by federal immigration authorities in Cascade County, concluding that the government failed to follow required procedures governing warrantless immigration arrests and detention.
Chief U.S. District Judge Brian Morris issued the order Friday as part of an ongoing class-action challenge brought by Upper Seven Law, a Montana nonprofit legal advocacy group with a liberal-leaning litigation record that has included challenges to Republican-backed laws involving voting, LGBTQ issues, school choice and other state policies.
Some of those covered by the immigration litigation had reportedly been held for more than six weeks.
Morris was nominated to the federal bench by Obama in 2013 and confirmed that December by a Democratic-controlled U.S. Senate.
Before joining the federal bench, Morris served on the Montana Supreme Court from 2005 until 2013 after winning election to the court in 2004. His state Supreme Court candidacy was supported by trial lawyers and liberal-aligned special-interest groups.
The latest ruling follows a series of decisions by Morris scrutinizing the Trump administration’s immigration-enforcement practices in Montana.
Upper Seven has argued that Immigration and Customs Enforcement and Customs and Border Protection arrested people without warrants and detained them without making the individualized findings required under federal immigration law.
Federal immigration law permits officers to make warrantless immigration arrests under certain circumstances, including when they have reason to believe a person is unlawfully present and is likely to escape before a warrant can be obtained. The dispute centers on whether federal authorities satisfied those requirements in the cases before Morris.
The court previously certified a class challenging the detention practices. When some class members remained in custody, Morris directed Upper Seven to file individual petitions seeking their release. The organization said 24 people were ordered released Friday and additional petitions remain pending.
Upper Seven Litigation Director Molly Danahy praised the decision, saying the organization would continue challenging detentions it believes violate federal law and constitutional protections.
Upper Seven’s broader litigation history has frequently put the organization opposite Republican state officials. Its current and previous cases include challenges to election laws passed by Republican lawmakers, legislation defining sex as binary, restrictions involving drag performances, education savings accounts and actions by Gov. Greg Gianforte’s administration.
Friday’s order came as the Cascade County Detention Center was separately dealing with a severe staffing shortage. Sheriff Jesse Slaughter announced emergency measures to reduce the jail population and directed federal agencies to remove ICE and Customs and Border Protection detainees, along with state prisoners awaiting transfer, by Sept. 21.
The immigration case is part of a broader legal fight over the Trump administration’s enforcement policies and the circumstances under which federal immigration officers may arrest and detain people without first obtaining warrants.
Additional petitions involving people detained in Montana remain before the federal court.
By: Montana Newsroom News Wire