Gallatin County Residents Challenge Validity of Immigration Agreement
Four residents of Gallatin County have initiated legal action against the county commission and sheriff, contesting the legitimacy of a federal U.S. Immigration and Customs Enforcement (ICE) agreement known as 287(g). This action comes in light of a public hearing scheduled for May 28, where a preliminary decision may be reached.
The lawsuit, filed on April 28 in Gallatin County District Court, asserts that the 287(g) agreement lacks the necessary approval from the county commissioners. Under this program, the county has a warrant officer model that allows the detention of inmates in ICE custody for up to 48 hours beyond their scheduled release. During this period, individuals can be arrested by ICE officers right before their release from the Gallatin County Detention Center.
According to the complaint, this agreement violates Montana law, which stipulates that any use of local jails for detaining offenders by law enforcement, including ICE, requires consent from the jail’s governing body. The plaintiffs contend that the Gallatin County Commission never authorized the 287(g) agreement signed by former Sheriff Brian Gootkin in 2020, thereby nullifying the agreement and rendering the detention of federal immigration prisoners unlawful.
The complaint calls for an immediate cessation of 287(g) operations and demands a formal decision from the county commission regarding ICE’s use of the detention center. It further requests that the court issue a permanent suspension of the 287(g) agreement.
The lawsuit names Commissioners Jennifer Boyer, Zac Brown, and Sheriff Dan Springer as defendants. Plaintiffs Julia Scheida, Tegan Bauer, Erin Levy, and Susan McGrath have expressed growing concerns regarding the implications of the 287(g) program in their community. Scheida emphasized the need for increased public discussion on this matter.
She stated that the lack of public discourse has prevented other stakeholders in Gallatin County from voicing their concerns about the detention of ICE detainees, pointing out that the issue has broader implications reflective of national trends.
McGrath echoed this sentiment, expressing hope that the lawsuit would raise awareness about the 287(g) program in Gallatin County. She emphasized that understanding these local practices is crucial, as they mirror challenges faced across the country.
Upcoming Hearing to Determine Future of 287(g) Agreement
A decision regarding the 287(g) agreement’s validity is anticipated soon, with the defendants required to appear at an upcoming hearing in Bozeman on May 28. During this session, they will be afforded the opportunity to present arguments defending the continued operation of the agreement.
Failure to appear could result in the court mandating an immediate suspension of all 287(g) operations, including the processing and detaining of federal immigration detainees. In such an event, the county would also be obligated to withdraw consent for ICE to utilize its detention facilities, thereby interrupting a six-year partnership with ICE while the matter is litigated.
While Commissioners Boyer and Brown opted not to comment on the ongoing litigation, they indicated their intention to address the complaints in due course and take the matter seriously. It’s noteworthy that neither commissioner was a member of the county commission when the agreement was enacted in 2020.
Sheriff Dan Springer has directed media inquiries to the county commissioners and the Gallatin County Attorney’s Office, which had not responded by the time of publication.
