Filed Date: Oct. 19, 1992
Clearinghouse coding complete
In 1992, attorneys for the Lawyer's Committee for Civil Rights, Immigrant & Refugee Rights Project in Texas filed a class action lawsuit in the U.S. District Court in the Western District of Texas to enjoin the practice of U.S. Border Patrol agents stopping, detaining, and questioning Hispanic individuals within the Bowie High School District, El Paso, Texas. Plaintiffs maintained that the conduct of the Border Patrol agents was unlawful and in violation of the Fourth and Fifth Amendments. Plaintiffs requested a temporary restraining order, a preliminary injunction, and class certification.
Following presentation of evidence, briefing by the parties, and argument, the District Court (Senior Judge Burton) issued findings of fact and conclusions of law. Judge Burton certified the case as a class action, consisting of "all U.S. citizens or legal permanent residents of Hispanic descent, including students, graduates, and staff of Bowie High School, who reside, are employed, attend school, and travel within the Bowie High School District, El Paso, Texas." He further determined that plaintiffs had presented sufficient evidence to warrant injunctive relief. The Court issued a preliminary injunction, which was amended on December 4, 1992. It enjoined agents of the El Paso United States Border Patrol Sector from "(1) stopping, detaining, and questioning an individual as to his or her right to be or to remain in the United States (2) unless the El Paso Border Patrol Agent has a reasonable suspicion, based on specific articulable facts involving more than the mere appearance of the individual being of Hispanic descent, (3) that the individual is either illegally in the United States or is guilty of committing an offense against the Immigration Laws of the United States for which the INS has jurisdiction." Murillo v. Musegades, 809 F.Supp. 487(W.D.Tex. 1992).
We have no further information on the case.
Summary Authors
Dan Dalton (10/30/2007)
Bunton, Lucius Desha III (Texas)
Armendariz, Albert Jr (Texas)
Greenblum, Robert F. (Texas)
Gaines, Nancy (District of Columbia)
Hausman, Allen W. (District of Columbia)
Bunton, Lucius Desha III (Texas)
Last updated Feb. 29, 2024, 3:01 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Texas
Case Type(s):
Key Dates
Filing Date: Oct. 19, 1992
Case Ongoing: No reason to think so
Plaintiffs
Plaintiff Description:
All U.S. citizens or legal permanent residents of Hispanic descent, including students, graduates, and staff of Bowie High School, who reside, are employed, attend school, and travel within the Bowie High School District, El Paso, Texas.
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
United States Border Patrol, Federal
Immigration and Naturalization Service , Federal
Case Details
Causes of Action:
Ex Parte Young (Federal) or Bivens
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Order Duration: 1992 - None
Content of Injunction:
Issues
Immigration/Border: