Sanchez, et al. v. U.S. Office of Border Patrol, et al. No. 12-00735 (W.D. Wash., filed Apr. 26, 2012)

In this class action, three U.S. citizen plaintiffs challenged U.S. Border Patrol’s practice of routinely stopping vehicles on Washington’s Olympic Peninsula and interrogating occupants about their immigration status based solely on the occupants’ racial and ethnic appearance, in violation of their constitutional rights. On behalf of themselves and others who have been subjected to similar stops, the plaintiffs asked the court to issue an injunction ordering Border Patrol to halt all such stops until its agents on the Peninsula have received training and demonstrated, through testing, that they understand the constitutional and other legal requirements necessary to stop and detain an individual.

In September 2013, the plaintiffs and Border Patrol reached a settlement in which Border Patrol acknowledged that its agents on the Olympic Peninsula must base vehicle stops away from the border on reasonable suspicion that an individual may be involved in violating the law.

All Port Angeles Border Patrol agents will be required to receive an additional training in Fourth Amendment protections, including those related to vehicle stops. The Fourth Amendment prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. In addition, for 18 months, Border Patrol will provide reports to plaintiffs’ attorneys documenting all stops in the Olympic Peninsula. Finally, Border Patrol also committed to complying with judicial decisions setting limits on stops and interrogations and to abiding by Department of Homeland Security guidance on the use of race or ethnicity in performing its duties.

• Complaint
• Defendants’ motion to dismiss
• Plaintiffs’ opposition to defendants’ motion to dismiss
• Defendants’ reply in support of motion to dismiss
• Court order denying defendants’ motion to dismiss
• Defendants’ answer
• Parties’ stipulation and proposed order of dismissal
• Settlement agreement

Press:

• In Far Northwest, a New Border Focus on Latinos, The New York Times (May 28, 2012)
• ACLU, immigrant groups to keep an eye on U.S. Border Patrol after profiling-case win, Washington Post (Sept. 24, 2013)

Counsel: Northwest Immigrant Rights Project | American Civil Liberties Union of Washington State | Perkins Coie LLP

Contact: Matt Adams | NWIRP | 206.957.8611 | matt@nwirp.org