Hernandez v. DHS

(Filed: Sept. 25, 2026)

On Friday, September 25, 2026, individuals unlawfully arrested by federal officials in Montana filed a complaint and a motion for a preliminary injunction, asking the district court to stop federal immigration authorities, such as ICE and CBP, from continuing to conduct warrantless arrests in Montana.

Even after a federal district court ruled that immigration arrests like these are illegal, federal agents have continued arresting people across Montana without a warrant and without first determining that they are likely to flee before a warrant could be obtained, as the law requires. These arrests are illegal, and this case seeks to prevent them from happening in the first place.

The case is currently being briefed before the federal district court judge.