News & Commentary

Indigenous students face highest disparities in out-of-school suspensions and arrests.According to a new ACLU of Montana report, students in Montana lost more than 18,000 days of school during the 2015-2016 school year because of out-of-school suspensions. During the same school year, students were referred to law enforcement agencies from school or a school-related function 1,121 times and were arrested at school or a school-related function 326 times. Students of all ages – including elementary school children – were suspended, referred to law enforcement, and arrested. “Education is a civil right, and all students must be given equitable opportunities to learn,” said Caitlin Borgmann, ACLU of Montana Executive Director. “The data is extremely troubling and shows too many students in Montana being denied this fundamental right.” Indigenous students faced the highest disparities: they lost nearly six times the rate of instruction and were arrested more than six times as often as their white peers. The ten schools with the highest rate of days lost because of suspensions were located either on a reservation or in a town bordering a reservation. Indigenous students in urban areas also experienced disparities in days lost. Indigenous female students had the highest school-related arrest rates among all students -- they were arrested at 12 times the rate of white female students. Public schools on reservations were more likely to have a law enforcement officer (LEO) at school. Montana’s use of exclusionary discipline and police in schools is especially harmful to Indigenous students because of the legacy of colonization, historical trauma, and overincarceration of Indigenous people.“Indigenous students bear the brunt of Montana’s failure to provide an education to all students,” Borgmann said. “Montana has failed to adequately address the harms of its colonialist legacy. Indigenous people in Montana remain disproportionately impoverished and imprisoned. Denying Indigenous students their right to an education only serves to perpetuate this unconscionable legacy.”Students of color and students with disabilities also experienced disparities in days lost, referrals, and arrests. Black students were referred to law enforcement at a higher rate than any other race and lost nearly three times as many days of instruction as white students. Latinx students lost 1.5 times the rate of days as white students. Students with disabilities lost twice the rate of instruction and were arrested twice as often as students without disabilities. Other main findings of the report include: 

We’re suing CBP for violating our rights as U.S. citizens.

The American Civil Liberties Union, ACLU of Montana, and law firm Crowley Fleck PLLP filed a federal lawsuit today on behalf of two American citizens detained by United States Customs and Border Protection for speaking Spanish while shopping at a local convenience store in Havre, Montana.

Illegal arrests and seizures reflect an out-of-control agency emboldened by Trump’s anti-immigrant agenda.

Thanks to your support, we did a lot in 2018! Here are some highlights from the past year.

The ACLU of Montana has asked Secretary of State Corey Stapleton to take proactive steps to ensure that every qualified voter has access to the ballot box in 2020.

In January 2017, after traveling nearly 90 miles to cheer on their children, Brandy and Elsworth GoesAhead, Whitney Holds, and Emerine Whiteplume — known as the Pryor Four — were denied entrance to the Reed Point gymnasium by Athletic Director Teresa Bare. Waiting outside the school in cold winter weather, the Pryor Four knocked on the door seeking entrance.  Ms. Bare opened the door for another individual and announced, “we don’t have any workers yet, so we are only letting white people in.” Read more about their lawsuit. 

Over the past sixteen months, many Americans have grown used to the Trump administration’s racist and xenophobic immigration policies. After all, Trump’s presidential campaign was built on the promise of an unnecessary southern border wall. In Montana, we may feel insulated from those anti-immigrant policies. Nothing could be further from the truth.

I was traveling along HWY 12 to Helena from Missoula. My coworker was driving our rental vehicle, and we were headed there for meetings. About five miles outside of Avon, a Montana Highway Patrol car driving in the opposite direction made a swift U-turn in the middle of the highway after passing us. The patrol car’s lights flashed. We knew we were about to be stopped.