· Border Crossing Law Firm · By Shahid Haque · From the Border Crossing Law Firm media archive.
This firm post announces the Montana Supreme Court's unanimous ruling that local officers may not arrest or detain people solely on federal civil immigration detainers. The court found that Lincoln County violated Montana law when it continued holding Agustin Ramon after he attempted to post bond.
The decision was a major statewide victory for the ACLU and Border Crossing Law Firm. It established that cooperation with ICE does not create arrest powers Montana law never gave local police and sheriffs.
Montana joined several other states Wednesday by making it clear that local law enforcement officials may not arrest and detain people under federal immigration detainers.
The Montana Supreme Court ruled unanimously Wednesday that the state had violated its own laws when a law enforcement officer in Lincoln County detained a man for possible immigration violations after his arrest on suspicion of burglary.
Agustin Ramon, a French and Mexican national, had attempted to post his $25,000 bail but was denied based on a federal immigration detainer request. He was detained for 48 hours after his two-day incarceration, then spent the next two months in jail in Lincoln County.
Ramon filed a lawsuit against Lincoln County sheriff Darren Short, represented by the ACLU of Montana, the ACLU and Border Crossing Law Firm. While a state court judge sided with the county, Ramon eventually found success with the Montana Supreme Court.
Read the full article here .