General Discussion

Two women who were detained and asked to show identification after speaking Spanish in a convenience store in Montana are suing U.S. Customs and Border Protection, saying the CBP agent violated their constitutional rights when he detained them and asked to see their identification.

Ana Suda and Martha "Mimi" Hernandez — American citizens who were born in Texas and California, respectively — were questioned as they attempted to buy groceries in Havre, Mont., last May. They captured video of the encounter, which began inside the Town Pump gas station and convenience store. In all, they were detained for some 40 minutes.

Evidence uncovered in the suit also revealed that O’Neill was a member of the now defunct “I’m 10-15” Facebook group where CBP agents joked about the deaths of migrants, discussed throwing burritos at Latino members of Congress visiting a detention facility in Texas, and posted a vulgar illustration depicting U.S. Rep. Alexandria Ocasio-Cortez engaged in oral sex with a detained migrant.

Through the discovery process, O’Neill also handed over a number of inflammatory and racist text messages confirming his anti-immigrant bias. Watch the video.

“As if the racism they experienced at the hands of CBP agents were not enough, our clients also bore the brunt of local backlash as a result of coming forward. They both ultimately left Havre for fear of their families’ safety,” said Caitlin Borgmann, executive director of the ACLU of Montana.

“We stood up to the government because speaking Spanish is not a reason to be racially profiled and harassed. I am proud to be bilingual, and I hope that as a result of this case CBP takes a hard look at its policies and practices,” said Suda. “No one else should ever have to go through this again.”