Four Gallatin County residents argue 287(g) agreement is void and didn’t receive commission approval; May 28 hearing could bring preliminary decision
By Jen Clancey STAFF WRITER
Four Gallatin County residents are suing the county commission and sheriff to stop a U.S. Immigration and Customs Enforcement agreement the county operates under a federal program called 287(g).
The complaint, filed on April 28 in Gallatin County District Court, argues the agreement is void because it did not receive consent from commissioners. Gallatin County’s 287(g) Warrant Service Officer model allows the detention center to process and hold inmates for up to 48 hours beyond their scheduled release under an ICE detainer—in these cases, ICE agents will often arrest individuals before they are released from the Gallatin County Detention Center.
“Gallatin County through its elected officials has been knowingly violating Montana law and continues to do so,” the filing alleges. Montana law states that local government, state and federal law enforcement—like ICE—and correctional agencies may use any detention center for holding and punishing offenders, but this requires the consent of the detention center’s governing body.
The suit claims that the Gallatin County Commission never gave consent to the 287(g) agreement signed in 2020 by former Gallatin County Sheriff Brian Gootkin, which would make the agreement void and the holding of federal immigration inmates unlawful. Because of this, the filing calls for a stop to 287(g) operations, and for the county commission to formally decide whether it consents to ICE’s use of the detention center. It also asks the court to permanently discontinue the 287(g) agreement.
Commissioners Jennifer Boyer and Zach Brown, and Sheriff Dan Springer are defendants in the complaint.
Residents have voiced concerns about the county’s Warrant Service Officer 287(g) partnership, the complaint stated. Gallatin County residents Julia Shaida, Tegan Bauer, Erin Levy and Susan McGrath are plaintiffs in the case.
McGrath hopes that the case also raises public awareness about 287(g) in Gallatin County.
“I want them to understand what’s going on in the county because that just mirrors what’s going on nationwide,” McGrath said.
The attorney for the plaintiffs, Christopher B. Gray, declined to comment due to the ongoing nature of the litigation.
County commissioners, sheriff must appear at hearing to avoid stop to 287(g)
A decision on whether or not the 287(g) agreement is void could come soon.
Gallatin County defendants need to appear at a May 28 hearing in Bozeman to offer a preliminary argument for why the 287(g) agreement can continue.
If they don’t attend, the court will call for an immediate cease to operations under the 287(g) agreement, such as processing and holding federal immigration detainees at the detention center. Commissioners would also need to withhold consent for ICE to use its detention facilities. In that case, the six-year-long partnership with ICE would be halted while the original complaint is handled in court.
Commissioners Boyer and Brown declined to comment on pending litigation, however they noted that they will respond to the complaint in the near term and that they take all litigation seriously. Both Boyer and Brown were not on the county commission when the agreement was signed in 2020.
Sheriff Dan Springer directed requests for comment to commissioners and the Gallatin County Attorney’s Office, and the Gallatin County Attorney’s Office did not respond to a request for comment by press time.
