CBP agent ‘told me that he wanted me to run so that he could use his gun on me,’ imprisoned man says
Aug 24, 2026 | 8:20 pm ET
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Irving Alonso Acosta wants to become a barber to support his family, but he was arrested in Sidney, kicked while in custody, and threatened with staying in jail if he talked to an attorney, according to a court filing.
Acosta, held at the Cascade County Detention Center, is a possible class member in a lawsuit filed against Cascade County, the U.S. Department of Homeland Security and other federal officials by Upper Seven Law.
In signed declarations, a couple of other potential class members said they passed out while in custody, including one who was held in the back of a hot truck.
One said he was threatened by a Customs and Border Patrol agent.
“A CBP agent put me in his car and told me that he wanted me to run so that he could use his gun on me,” said Jonny Hernandez Antunez in court records. “ … I was terrified.”
The lawsuit alleges U.S. Customs and Border Patrol and Immigration and Customs Enforcement officials are arresting people without warrants and detaining them without evidence they are a flight risk or danger to their communities, contrary to the U.S. Constitution or laws of the country.
The U.S. Attorney’s Office acknowledges government agents made arrests without warrants, but it argues the government issued warrants after the arrests, and in one court filing, it argues the plaintiffs are in the United States without legal permission.
The press team for the U.S. Department of Homeland Security did not respond Monday to an email with questions about the circumstances outlined in the declarations filed in federal court.
A federal judge earlier ordered the release of Jesus Verde Hernandez from the Cascade County Detention Center, and last week he ordered the release of Adrián Espinoza De La Cruz and his 9-year-old child from a facility in Havre.
In both cases, U.S. District Court of Montana Judge Brian Morris found federal authorities violated the constitutional rights of the petitioners, including by not having warrants ahead of time.
The judge said he found the “lack of regard” for the parent and child “particularly disturbing.”
Cascade County Sheriff Jesse Slaughter earlier said the county detention center is simply the contract facility for the detainees.
Monday, Upper Seven senior staff attorney Andres Haladay said the firm has identified at least 41 members of the potential class, and at least 38 remain in custody. A hearing on the petition to release the others is scheduled to take place this week.
In the meantime, Upper Seven filed declarations of three people who are possible class members in the case. Here are two summaries of the experiences described in the declarations.
From the declaration of Acosta:
Acosta, 26, lives in Phoenix, Arizona, with his wife and child, who are U.S. citizens. He hasn’t been convicted of any crimes. The family was headed home after a vacation in North Dakota and stopped at a gas station in Sidney. They were looking for the clinic because his wife, who is diabetic, didn’t feel well. Acosta went into the gas station to buy food for his son, and a local sheriff’s officer showed up and said CBP would arrive. But CBP didn’t, and the sheriff’s officer handcuffed him and took him to jail. Acosta passed out in a cell and believes he hit his head after experiencing a panic attack. He was taken to a medical center, a CBP agent was there, and his wife tried to explain they were getting papers completed because they are married. The CBP agent arrested him without a warrant, the affidavit says. Later at a CBP station in a different town, another CBP agent kicked him to get his attention, and he still has pain in his back. The CBP agent said if Acosta talked to anyone, including an attorney, he would have to stay in jail. The CBP agent also said Acosta needed to sign documents to either voluntarily depart or stay and see a judge. The agent told Acosta, “If you don’t sign, I’m going to sign it for you.” Acosta said he didn’t know if the agent actually signed, and if he did, which option he chose for Acosta. He said he was never presented with a warrant or given the chance to call a lawyer. Eventually, he was taken to the Cascade County Detention Center, where he faced threats from other inmates and feared for his life and the life of an 18-year-old who was also detained and smaller than others being held. “There are a lot of people in Cascade who pick on the weak and pound on their cell windows.”
From the declaration of Antunez:
Antunez is 26 and has lived in the United States for seven years. He lives in Butte with his fiance and six-month-old son. His fiance has postpartum depression, and he cares for her and their son. He and his brother were passengers in a car with his friend, and CBP pulled them over, and three other trucks surrounded them. The CBP agent who came to the car didn’t tell them why they were pulled over. Thirteen or 14 agents were on the scene and put waist shackles and handcuffs on them. Antunez asked to take his gastritis medication with him but agents refused. A CBP agent told him he wanted him to run so that he could use his gun on Antunez, and the agent said the same thing to the others. “My wife knows people who have been killed by CBP. I was terrified,” Antunez said. He said agents never showed him a warrant or asked questions about his ties to the community. He was asked to sign a document he couldn’t read and was later told it was a voluntary departure form. Antunez and the others were held at a weigh station for three or four hours without being allowed to go to the bathroom. They were put in the back of a truck that was like a box and “very hot.” “I began hitting the wall of the box, asking for more air. At some point, my heart began to beat really fast. I felt the guy sitting next to me pour water on my head. … I believe that I passed out from the heat.” Later at a CBP station, he again was denied his medication. Agents asked him to sign more documents, but they only showed him the signature portion of the documents. After agents talked to him, they gave him a card with his rights written in Spanish. “There was only one rights card for all of us being held there.” He was transported to the Cascade County Detention Center, where he shares a cell with a couple of people who have criminal charges. He asked a third time for his medication but did not receive it.
The press team for the Department of Homeland Security did not respond Monday to the experiences described in the declarations, but in an earlier email from DHS, a spokesperson for Customs and Border Patrol said Espinoza De La Cruz admitted to illegal immigration and “accepted voluntary return for himself and his minor child.”
The email said Espinoza De La Cruz was “placed into supervised release” with ICE, Immigration and Customs Enforcement.
“We encourage all illegal aliens to take control of their departure by utilizing the CBP Home app to receive a free flight home and $2,600,” the CBP spokesperson said in the email.
In January 2026, the Department of Homeland Security announced President Donald Trump was starting his second year of “making America safe again and continuing mass deportations.” A news release said “illegal aliens” who signed up to self deport through the CBP Home application would receive the flight and $2,600 “exit bonus.”
“More than 2 million illegal aliens have made the decision to self-deport,” the news release said.
The press team did not respond to a follow-up question Friday about how many people in Montana have received $2,600 checks.
Helena, MT
