Judge Calls Montana Father and Child Detention “Disturbing”

Judge Orders Release of Billings Father And Child From Havre

A federal judge has ordered the U.S. government to release a Billings father and his 9-year-old child from the Border Patrol station in Havre, calling the situation “disturbing.”

According to the Daily Montanan, U.S. Customs and Border Protection arrested Adrián Espinoza De La Cruz and his child on August 11 without a warrant.

Federal Judge Says Father and Child's Rights Were Violated

The two were being held at the Havre Border Patrol Station, where attorneys with Upper Seven Law raised concerns about the conditions and the child's special medical needs.

The child has a gastrointestinal condition and has medical appointments coming up in Billings that took months to schedule.

The federal government acknowledged that the arrest happened without a warrant but argued that the father and child are in America without legal permission and should remain in custody.

Judge Brian Morris wasn't convinced, and in his ruling, Morris ordered the government to release both of them within 24 hours, saying their constitutional rights had been violated.

Canva

Judge Also Raises Concerns About Havre Border Patrol Conditions

The judge also took issue with how the government handled the arrest, saying it appeared officials essentially arrested the pair and figured out the reasons afterward.

He noted that there is nothing in the record showing either the father or child has a criminal history or previous encounters with law enforcement or immigration authorities.

Morris also raised concerns about the conditions at the Havre facility, saying it isn't designed for long-term detention. The father and child were being held in a family holding room, but the judge was concerned about allegations involving a lack of proper bedding and other basic amenities.

The government has now been ordered to release them under appropriate conditions. It also can't simply redetain them during their current removal proceedings without first holding an immigration hearing to determine whether detention is appropriate.

The case is also connected to a larger lawsuit involving other people Upper Seven Law says were unlawfully detained in Montana.

Source: Daily Montanan