On December 7, 2012, the Montana Immigrant Justice Alliance (“MIJA”) filed a lawsuit in Montana’s First Judicial District Court to challenge and enjoin implementation of LR-121, along with our co-Plaintiffs MEA-MFT and Alisha Blair (a U.S. citizen who would likely be wrongly denied services under the law). The case has been assigned to the Honorable Judge Jeffrey M. Sherlock in Helena, Montana. You can download a copy of the complaint here, and read our initial legal brief here. Our complaint sets forth five separate counts asserting the violation of the right to privacy, violation of due process, violation of the equal protection clause, and preemption by federal law.
We are challenging the constitutionality of LR-121 because of the way it violates the rights of all Montana residents, not just undocumented immigrants. We are seeking a temporary restraining order and preliminary injunction to prevent the law from being put into effect while this litigation is pending. Unless it is enjoined, the law is scheduled to be implemented on January 1, 2012.
Members of the press: Please download our press release, summarizing the essential points of this lawsuit.
Please check out our LR-121 litigation page explaining what LR-121 is, why we filed a lawsuit to challenge the law, and how the law impacts all Montanans.
This litigation is being done on a pro bono basis by Brian J. Miller of Morrison, Motl and Sherwood, PLLP, and Shahid Haque-Hausrath of the Border Crossing Law Firm, P.C. (also Executive Director of MIJA).
We are proud to stand up against LR-121. However, this litigation will be difficult and time-consuming, and we need your help. Please consider sending us a donation to support this lawsuit.
Stay tuned for more updates as this litigation develops!