Filed Date: Dec. 27, 1982
Closed Date: 1987
Clearinghouse coding complete
In 1984, a class of Hispanic persons brought suit against the Immigration and Naturalization Service (INS) in the United States District Court for the Eastern District of Washington, alleging that its Border Patrol agents engaged in a pattern of unlawful stops to detain and interrogate persons of Hispanic appearance traveling on Washington state highways. Plaintiffs, represented by Evergreen Legal Services, alleged that agents regularly conducted roving motor vehicle patrols in search of undocumented aliens in Yakima Valley, an area which had substantial agricultural operations and employed many field laborers. Plaintiffs further alleged that many of the stops were based solely on the driver or occupants' Hispanic appearance. Attorneys with the Evergreen Legal Services, Farm Workers Division represented plaintiffs. They sought declaratory and injunctive relief, monetary damages and class certification.
Following a hearing on the merits of the case, the District Court (Chief Judge Robert J. McNichols) entered judgment in favor of the plaintiffs, declaring that the agents' practice of stopping vehicles without a valid search or arrest warrant, or without a particularized reasonable suspicion based on specific articulable facts, was unconstitutional. The Court issued an order requiring INS agents to keep record of each vehicle stop and the stated reasons for it, for a period of three years. Nicacio v. U.S. I.N.S., 595 F.Supp. 19 (E.D.Wash. 1984). The INS appealed.
The Court of Appeals (Circuit Judge Schroeder) affirmed. Nicacio v. U.S. I.N.S., 768 F.2d 1133 (9th Cir. 1985), opinion superseded by Nicacio v. U.S. I.N.S., 797 F.2d 700 (9th Cir. 1985). In its amended opinion, the Appeals Court held that (1) the plaintiff class had standing to bring the suit; (2) Hispanic appearance and work clothing did not constitute reasonable suspicion that persons in a vehicle were undocumented aliens sufficient to justify a motor vehicle stop; and (3) the district court did not abuse its discretion in requiring INS to document reasons for vehicle stops.
We have no further information on this case.
Summary Authors
Dan Dalton (12/11/2007)
Beezer, Robert R. (Washington)
Benjamin, Thomas B. (Washington)
Chandola, Neha (Washington)
Beatty, William (Washington)
Filppu, Lauri Steven (District of Columbia)
Beezer, Robert R. (Washington)
Goodwin, Alfred Theodore (California)
McNichols, Robert James (Washington)
Robart, James L. (Washington)
Rothstein, Barbara Jacobs (Washington)
Schroeder, Mary Murphy (Arizona)
Last updated March 25, 2024, 3:03 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Washington
Case Type(s):
Key Dates
Filing Date: Dec. 27, 1982
Closing Date: 1987
Case Ongoing: No
Plaintiffs
Plaintiff Description:
All persons of Mexican, Latin, or Hispanic appearance who have been, are, or will be traveling by motor vehicle on the highways of the State of Washington.
Plaintiff Type(s):
Attorney Organizations:
Center for Human Rights & Constitutional Law
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
U.S. Immigration and Naturalization Service, Federal
Case Details
Causes of Action:
Ex Parte Young (Federal) or Bivens
Constitutional Clause(s):
Unreasonable search and seizure
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Order Duration: 1984 - 1987
Issues
Immigration/Border: