in Newswire Published on January 24, 2018

Motel 6 Provided Guest Information to ICE, Dept. of Homeland Security, Class Action Alleges [UPDATE]

Last Updated on May 8, 2018

Unknown Party et al v. Motel 6 Operating LP et al

Filed: January 23, 2018 ◆§ 2:18cv242

MALDEF has filed a class action lawsuit alleging Motel 6 illegally turned guests' information over to ICE and DHS agents in Arizona.

Defendant(s)

Motel 6 Operating LP G6 Hospitality LLC

Law(s)

State(s)

Arizona

Update - $10 Million Settlement Receives Final Approval

A $10 million settlement ending the lawsuit detailed on this page has received final approval from United States District Judge David G. Campbell. The settlement covers those who were guests at any Motel 6 in the United States between February 1, 2015 and June 28, 2019 and who had their information provided to federal immigration authorities or who were questioned, detained or placed in immigration removal proceedings as a result of Motel 6’s actions.

According to Judge Campbell’s 51-page order, more than 2,000 individuals out of a potential 52,000-strong class have already submitted claims for a piece of the settlement. Former Motel 6 guests whose information was shared by the company with U.S. Immigration and Customs Enforcement can receive $75, the approximate cost of one night’s stay at a Motel 6. Those who encountered immigration authorities while staying at the defendants’ hotels may be able to receive between $5,075 and $200,000, depending on damages incurred for “arrests, detentions, placement in removal proceedings, the involvement of children, legal fees incurred defending against immigration actions, and out of pocket costs.”

The settlement also prohibits Motel 6 from sharing guest information with immigration authorities without a warrant for the next three years.

Lastly, the cy pres component of the settlement allows for leftover settlement money to be distributed among the Florence Immigrant & Refugee Rights Project, the Northwest Immigrant Rights Project, the National Immigrant Justice Center and TheDream.US, organizations that work with those defending their immigration status in the United States.

Motel 6 Operating L.P., G6 Hospitality LLC and as many as 10 yet-to-be-identified employees are the defendants in a proposed class action lawsuit in which eight anonymous plaintiffs allege Motel 6 illegally disclosed guests’ information to U.S. Immigration and Customs Enforcement (ICE) and Department of Homeland Security (DHS) agents. The 28-page lawsuit, filed on behalf of the plaintiffs by the Mexican American Legal Defense and Educational Fund (MALDEF), argues Motel 6’s alleged disclosure of guest information to federal authorities without first being provided a warrant or having reasonable suspicion of illegal activity is a violation of the United States Constitution and Arizona law, not to mention of the company’s own promise to protect the privacy of its guests.

From the lawsuit:

“Since at least February 2017, Motel 6 employees at multiple Motel 6 locations in Phoenix, Arizona, disclosed the personal information of guests to DHS and ICE agents without requiring a warrant. These Motel 6 employees, identified herein as Does 1-10, acted pursuant to a company policy and/or practice and in violation of the company’s written assurances that it protects the privacy of its guests, to facilitate DHS and ICE agents’ unreasonable and warrantless interrogation, detention, and arrest of motel guests, including [the plaintiffs].”

The lawsuit goes on to allege Motel 6 employees were encouraged by management, ICE and DHS to act “for the benefit of law enforcement.” The guest information disclosed to federal authorities included names and room numbers, the complaint continues. More disturbing is the plaintiffs’ allegation that improper guest information disclosures were made to ICE and DHS agents with the intent to discriminate against Latinos.

“Motel 6 intended to deny [the plaintiffs], on the basis of race and/or national origin, the full benefits and enjoyment of their agreement with Motel 6,” the complaint reads. “On the basis of knowledge and belief, Motel 6 acted with the knowledge that this policy and/or practice would result in [the plaintiffs] being harmed on the basis of their race.”

This lawsuit comes a few weeks after the Washington state Attorney General’s office sued Motel 6 over similar allegations. Motel 6 responded to this most recent complaint with a statement posted to social media: “This was implemented at the local level without the knowledge of senior management. When we became aware of it last week, it was discontinued.”

The full complaint can be read below.

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