Bozeman, Montana— A federal judge has ordered the immediate release of a Bozeman resident detained by federal immigration officials for entering the United States illegally. The decision, made Tuesday evening, stems from a due process violation involving the case of 20-year-old Jose David Cortez Torres.
Chief Judge Brian Morris of the U.S. District Court for the District of Montana determined that Torres’ constitutional right to due process was breached when Immigration and Customs Enforcement (ICE) took him into “forcible custody” without providing a bail hearing in Cascade County.
In his ruling, Morris stated, “The government has asserted no special or compelling justification for continuing to deprive Mr. Torres of his freedom.” He expressed serious concern over what he termed the executive branch’s indifference to the Constitution’s guarantee against arbitrary confinement. The judge underscored that Torres was likely detained in violation of both substantive and procedural due process rights.
Both the legal teams for Cortez-Torres and the U.S. government acknowledged that the circumstances of this case parallel recent immigration matters in Montana, with Morris highlighting that this ruling could set a precedent within the state.
This case mirrors that of Roberto Orozco-Ramirez, an undocumented immigrant who was released in May after his due process rights were also found to be violated. Morris presided over Orozco’s case as well.
During court proceedings in Great Falls, Timothy Tatarka, representing the U.S. Attorney’s Office for the District of Montana, reiterated their stance, advocating for the case to be sent back to immigration court for a bond determination. Morris, however, dismissed this request, siding with the argument for immediate release.
Morris noted that similar to Orozco, Torres does not face any criminal charges and has no prior criminal record. Additionally, Morris emphasized the community ties that both individuals share within Bozeman, indicating that the government had not provided evidence that Torres posed a danger or risk of flight, suggesting that the ongoing detention was arbitrary and unreasonable.
Requests for comment from the Department of Homeland Security and Tatarka went unanswered as of Wednesday. The federal government’s new policy, enacted last July, mandates detention without bail hearings for immigrants suspected of illegal entry, a move that has drawn legal scrutiny.
Morris pointed out that his viewpoint on the legality of this policy contrasts with some judges who have upheld mandatory detention for individuals suspected of being in the country illegally, citing a lack of persuasive legal rationale in those cases.
According to court documents, Cortez-Torres was apprehended while driving in Bozeman on June 29, amid a rise in immigration arrests both locally and nationally. Reports indicate that over 10,000 immigration arrests occurred nationwide in just the last five days of June.
Living in Bozeman for three years, Cortez-Torres serves as the primary caregiver for his grandmother, who is undergoing treatment for cancer. He was detained just before her scheduled chemotherapy appointment, prompting community members to support his grandmother in his absence.
As of now, it is uncertain if Cortez-Torres has been released from the Cascade County Jail. However, Judge Morris’s ruling mandates that he should be released within 24 hours.
Following the decision, Halladay, Cortez-Torres’ attorney, commended the ruling, emphasizing the constitutional protection everyone holds against unreasonable searches and arrests. “Montanans will not stand for their neighbors being swept up in politically motivated immigration raids,” Halladay stated, reaffirming the importance of the rule of law for all.
Contributions to this report were made by Matt Hudson.
Victoria Eavis is a contributing reporter based in Bozeman. She has previously worked as a political reporter for Lee Newspapers’ Montana News Bureau, where she focused on uncovering the realities of political actions. Originally from Casper, Wyoming, Eavis has a passion for storytelling, people, and the natural beauty of Montana. For inquiries, she can be reached at veavis@montanafreepress.org or 917-484-1501.
