Montana high court to hear Lincoln Co. ICE case
The Montana Supreme Court on Wednesday will hear oral arguments in a lawsuit challenging the Lincoln County Sheriff’s alleged practice of illegally arresting and jailing individuals at the request of federal immigration authorities.
Early last year the American Civil Liberties Union and the ACLU of Montana sued Lincoln County, claiming that Agustin Ramon, a dual citizen of France and Mexico, was wrongfully jailed for more than two months in the Lincoln County Jail at the request of federal immigration officials. The groups are suing the Lincoln County Sheriff for violating Montana law by honoring a United States Immigration and Customs Enforcement (ICE) detainer to hold Ramon. Ramon’s lawsuit claims his detainer violates his rights under the Montana Constitution and is also illegal under Montana law.
The plaintiffs appealed the Lincoln County District Court’s decision, and the Montana Supreme Court agreed to hear the case.
An ICE detainer is a written request that a local jail or other law enforcement agency detain an individual for an additional 48 hours after their release date. This extra time in jail allows immigration officials to decide whether to take the individual into federal custody to begin the process of removing them from the U.S., according to a press release from ACLU of Montana.
“There is no legal requirement that local officers must cooperate with an ICE detainer request,” the ACLU argues. “In fact, cases in the last few years show that local jurisdictions face a significant risk of litigation and financial liability when they honor such requests.”
Ramon was booked in the Lincoln County Jail on Aug. 3, 2018, on a burglary charge after he was allegedly found in a neighbor’s residence while looking for prescription pain medication. The court set his bond for $25,000. Ramon’s wife, Lily McNair, paid a bail-bond company, but when it attempted to post his $25,000 bond, jail officials told the bondsman it was futile because the sheriff would continue to hold Ramon on the ICE detainer even if the bond was paid.
An ICE detainer request asserts that the U.S. Department of Homeland Security believes a prisoner may be an immigrant who could be deported from the U.S. The request asks the jail to hold the prisoner for an additional 48 hours after the person would otherwise be released. That time is intended for officials to determine if the person will be taken custody of federal officials to begin the process of removing the individual from the U.S.
The lawsuit seeks to end the use of ICE detainers for all current and future prisoners in the Lincoln County Jail who are the subject of such detainers.
“A ruling in Mr. Ramon’s favor would have broad implications across the state by effectively ending local law enforcement’s policy and practice of complying with federal immigration holds,” the press release states.
Ramon is also seeking compensation for false imprisonment.
The Montana Supreme Court meets at 9:30 a.m. Wednesday at the Joseph P. Mazurek Justice Building in Helena.