Rios-Diaz, et al. v. Colonel Tom Butler, Montana Highway Patrol, et al.

Rios-Diaz v. Montana Highway Patrol, No. 13-CV-77 (D. Mont. 2014)

On October 7, 2013, the Montana Immigrant Justice Alliance (“MIJA”) and four representative plaintiffs filed a lawsuit in the U.S. District Court for the District of Montana against Colonel Tom Butler, sued in his official capacity as acting Chief Administrator of the Montana Highway Patrol, and Attorney General Tim Fox, sued in his official capacity as head of the Montana Department of Justice.

The lawsuit alleges that Montana Highway Patrol has a policy and practice of seizing Latino drivers or passengers, that a patrol officer believes may be in the country without authorization, for a prolonged period of time–often between forty minutes to two hours. The sole basis for detaining these individuals is to make contact with the Department of Homeland Security (“DHS”) to ascertain their immigration status and determine if an immigration enforcement officer wishes to assume custody of them.

On April 2, 2015, a final judgment was entered by U.S. District Court Judge Dana L. Christensen, approving an Offer of Judgment provided by Defendants and accepted by Plaintiffs. The settlement requires adherence to a new policy clarifying that Montana State’s Highway Patrol will not stop or prolong detention for purposes for verifying immigration status, even if requested to do so by CBP or ICE. In addition, the judgment also requires, among other things, training for MHP officials as to the new policy, requires MHA to collect data on all traffic stops anytime MHP contacts DHS and requires MHP to submit annual reports regarding racial profiling.

Counsel: Shahid Haque-Hausrath | Border Crossing Law Firm, P.C.

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