On June 13, 2019, Superior Court Judge Mark R. Moran dismissed Plaintiff Jose Montelongo-Morales’ class action lawsuit against Coconino County Sheriff James Driscoll and Coconino County Jail Commander Matt Figueroa. The Court found Plaintiff Montelongo-Morales lacked standing to bring the action. The dismissal of this lawsuit marks the third time Arizona courts have dismissed an action against Sheriff Driscoll and Commander Figueroa for honoring Department of Homeland Security/ICE detainers and warrants in order to cooperate with federal law enforcement authorities in their lawful enforcement of federal immigration law.

In the ACLU’s latest attempt to frustrate the lawful enforcement of federal law, Plaintiff Jose Montelongo-Morales sued Sheriff Driscoll and Commander Figueroa for supposedly unlawfully holding him pursuant to an Immigration Detainer and a Warrant for Removal/Detention. Subsequently, DHS/ICE withdrew the Immigration Detainer for Plaintiff Montelongo-Morales and, after posting bond, he was released from custody.

Sheriff Driscoll and Commander Figueroa filed a motion to dismiss Montelongo-Morales’ lawsuit because he lacked standing to bring the action. The Honorable Mark R. Moran, Judge of the Superior Court of the State of Arizona, ruled as follows:

In the present case, the Plaintiff lacks standing to bring this action. ICE had removed the detainer at the time he posted bond and left the jail. Thus, he was no longer subject to the very policy he asked this Court to declare as unconstitutional. Plaintiff has not suffered ‘a distinct and palpable injury’ that this Court can redress. He no longer has a direct stake in the outcome of the controversy. In short, Plaintiff does not satisfy the basic standing requirement of being a true adversary for the life of this litigation.

Based on the above ruling by the Court, Judge Moran granted Sheriff Driscoll and Commander Figueroa’s Motion to Dismiss Montelongo-Morales’ lawsuit.

The dismissal of Montelongo-Morales’ lawsuit is not the first time there has been an unsuccessful attempt to prevent the Coconino County Sheriff’s Office from cooperating with the Department of Homeland Security. Earlier this year, the Honorable Fannie Steinlage, another judge in the Superior Court of the State of Arizona, denied another inmate’s application for a Temporary Restraining Order requesting that Sheriff Driscoll be ordered to refrain from cooperating with ICE. Judge Steinlage ruled that Jesus Quiroz-Villalobos did not establish a likelihood of success on the merits of his case. That case was then voluntarily dismissed by Quiroz-Villalobos on April 24, 2019.

Nearly one year ago, on July 6, 2018, United States District Court Judge David Campbell denied Plaintiff Guillermo Tenorio-Serrano’s Motion for a Preliminary Injunction challenging Sheriff Driscoll’s policy of holding persons in State custody for up to 48 additional hours, as requested in ICE detainers and warrants. Judge Campbell ruled that he could not conclude Plaintiff Tenorio-Serrano was likely to succeed on his claims. Judge Campbell also ruled that Sheriff Driscoll would face serious hardship if the Court ordered him to refrain from complying with ICE detainers. He noted the injunction would interfere with the Sheriff’s judgment as an elected official, would interfere with the Arizona legislature’s policy determination in S.B. 1070 that Arizona should cooperate with federal immigration enforcement, and may also interfere with the State of Arizona’s interest in preventing unlawful immigration, as recognized by the United States Supreme Court.

Sheriff Driscoll and the Coconino County Sheriff’s Office will continue to cooperate with the Department of Homeland Security/ICE in its lawful attempt to enforce federal immigration law. Sheriff Driscoll recognizes and strongly supports the rule of law and will make every effort to enforce the law and protect the community.