Upper Seven Law seeks class action in immigration case

A man who has lived in Montana for 10 years and faced pressure from federal authorities to deport himself is among 17 people being illegally detained in the Cascade County Detention Center, according to a federal court filing this week.

Jesus Verde Hernandez, of Worden, faces no criminal charges, but U.S. Customs and Border Patrol stopped him in Lewistown on Thursday, July 30, and arrested him without a warrant, according to his lawyers, with Upper Seven Law of Helena.

The same day, the lawyers asked the court to release him. A news release from the law firm says on Friday, the U.S. District Court of Montana set a hearing for Aug. 5 to consider releasing Hernandez.

Sunday, the lawyers asked the court to certify a class-action case. They argue Hernandez is one of approximately 17 men detained in the Cascade County jail on immigration holds and without criminal charges, and others in Montana are in a similar situation.

“Many class members will be unable to access the court because federal immigration officials will coerce them into self-deporting without adequately informing them of the legal consequences of doing so,” the court filing says.

An order Monday prevents authorities from transporting any of the others out of Montana before an Aug. 18 hearing in Missoula.

The petition was filed against Cascade County Sheriff Jesse Slaughter; Chief U.S. Patrol Agent Zachary Crosson of Havre; U.S. Department of Homeland Security Secretary Markwayne Mullin; and Acting Attorney General Todd Blanche, among other officials.

Slaughter said the Cascade County Detention Center is simply the contract facility for the detainees. An online federal court system did not have the government’s written response filed by Tuesday afternoon.

The filing by the nonprofit law firm asks the Department of Homeland Security to release Hernandez and others it argues were detained without due process. The news release describes Hernandez’s arrest.

For 30 hours, Hernandez was offered only crackers and water, and he was denied the over-the-counter medication he takes to manage chronic pain, the news release said.

The court filing asks the court to immediately release Hernandez and all similar plaintiffs or hold hearings to show they’re a danger or flight risk.

The court filing says Hernandez lives with his partner of 14 years and their three children, 9, 6 and 4; his partner and children all are U.S. citizens; and he is a step-father to his partner’s two children from a previous relationship, both young adults and U.S. citizens.

“Jesus is a devoted father and member of the Worden community,” the court document says. “Recently, for over a year, he and his partner supported and took care of a homeless teen in the community.”

On July 30, Customs and Border Patrol arrested Hernandez and another man in Lewistown without a warrant, the court filing says. It says federal authorities took them to the local police station, “where they remained handcuffed for approximately two hours.”

Then, CBP drove them to Jordan, where they picked up a third detainee, and they took Hernandez and the two others to the Malta Border Patrol Station and incarcerated Hernandez and the others overnight, the court record states.

A news release from the law firm says Customs and Border Patrol pressured Hernandez to sign papers to agree to self-deport.

“Afraid of facing an even more prolonged separation from his family, Jesus felt pressured to sign,” the news release said. “Had his attorneys been unable to reach him, he would have agreed to voluntarily deport under false pretenses.”

On July 31, authorities took Hernandez and the other person arrested in Lewistown to the Cascade County Detention Center, where they remain among 17 men detained there without criminal charges, court records state.

“Jesus seeks to represent a class of noncitizens detained at CCDC or other detention facilities in Montana who, on information and belief, face prolonged, mandatory detention because of a draconian policy adopted by the Department of Homeland Security that prevents them from being released on bond while in lengthy civil immigration proceedings,” the court document said.

The lawyers believe the Department of Homeland Security intends to start removal proceedings for Hernandez and the others and will argue they are subject to mandatory custody —  but the policy was declared unlawful by the Ninth Circuit on July 30, 2025.

DHS officials argue that people such as Hernandez aren’t eligible to be released on bond during immigration proceedings, the court filing says.

However, Hernandez’s attorneys point out that the District Court of Montana, the Ninth Circuit, and “the vast majority of courts” have rejected the policy of treating people arrested in the interior of the country — as opposed to at the border — in a way that subjects them to mandatory detention.

“Jesus is neither a danger to the community nor a flight risk,” the court document says. “On information and belief, no other class member is a danger to the community or a flight risk.”

The lawyers allege the continued detention violates the Immigration and Nationality Act and the Due Process Clause of the U.S. Constitution.

They also note in recent months, “there has been a surge of immigration arrests in Montana,” multiple people are seeking relief from “this same unlawful interpretation,” and more petitions are likely to follow unless the court certifies a class-action case.

“Many class members … will be quickly boarded onto vans and planes and sent to neighboring states with ICE (Immigration and Customs Enforcement) facilities and other far-off locations before they have a chance to seek help,” the court filing said, arguing for the necessity of the class.

After the hearing on Aug. 18, the court will determine whether the Department of Homeland Security will release the others being held from detention.

In a statement, Upper Seven Executive Director Rylee Sommers-Flanagan said Hernandez’s arrest is part of a pattern by federal immigration officials.

“And the quick transfer of detained individuals out of state without opportunity to contest their detention or consult with an attorney violates the law. The rule of law is for everyone, and we will fight to uphold it for our fellow Montanans, without exception,” Sommers-Flanagan said in a statement.