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MIJA Asks for Summary Judgment in its Lawsuit Against LR-121

LR-121 Cover PhotoIn 2012, the Montana Immigrant Justice Alliance (“MIJA”) filed a lawsuit in Montana’s First Judicial District Court to challenge LR-121, Montana’s anti-immigrant law. In March 2013, after conducting depositions and investigating the issues, we asked Judge Sherlock for summary judgment on grounds that LR-121 is preempted by federal law. Summary judgment is a mechanism to bypass a trial, if there are no genuine issues of fact in dispute, and judgment can be entered as a matter of law. The Montana Attorney General also asked the Judge for judgment in its favor.

We have completed extensive briefing. In all, there were four lengthy briefs submitted:

MIJA’s motion for summary judgment, and exhibits (including deposition transcripts).

The Montana AG’s response, and cross-motion for summary judgment.

MIJA’s reply in support of summary judgment and response to the AG’s motion.

The Montana AG’s final reply in support of their own motion.

Yesterday, we had a hearing before Judge Sherlock on both parties’ motions for summary judgment. The AP wrote a story about the hearing. The hearing went well, and we will await a decision as soon as Judge Sherlock can get to it. We believe we have proven that LR-121 is preempted by federal law.

Shahid Haque-Hausrath of the Border Crossing Law Firm, P.C. is representing the Montana Immigrant Justice Alliance (“MIJA”) on a pro bono basis in its lawsuit to challenge Montana’s anti-immigrant law. You can read more about LR-121 and what it does here.