The father and daughter released from immigration detention this week were originally arrested in Billings after attending a free school supplies event, according to the charity that hosted it.
Andrew Konkel, president and CEO of United Way of Yellowstone County, made the announcement in an email to other community organizations on Thursday — around the same time that the man and his 9-year-old daughter were being released.
The United Way of Yellowstone County backpack giveaway took place on Aug. 11 and 12.
After arresting Adrián Espinoza De La Cruz and his daughter at the backpack giveaway Aug. 11, federal law enforcement drove the pair 250 miles north to a detention facility in Havre. They were released Thursday after a judge found that U.S. Customs and Border Protection had broken the law in arresting them without probable cause or a warrant.
Konkel wrote that a second “family” was detained the day after De La Cruz and his daughter were arrested, also after attending the backpack giveaway. He said federal officers later learned that family has legal immigration status and released them.
“The occurrence of two detentions immediately following attendance at our event on consecutive days raised serious concerns for us about whether our event was being observed as a means of identifying individuals or families for immigration enforcement,” Konkel wrote.
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Judge orders release of Billings father and 9-year-old daughter from immigration custody in Havre
On Aug. 11, according to court documents, Border Patrol agents pulled over Adrián Espinoza De La Cruz while he was driving in Billings and arrested him and his 9-year-old daughter, who was also in the car. Border Patrol agents then transported the pair to a Border Patrol facility in Havre, where De La Cruz and…
Konkel stressed that he did not intend to make “a political statement” or take a position on immigration policy. Rather, he said, he was worried about “the safety of the people we serve.”
“At United Way of Yellowstone County, we believe people should be able to seek help, access resources, and participate in community programs without organizations inadvertently placing them or their families at additional risk,” Konkel wrote. “When someone walks through our doors — or attends an event hosted by one of our community partners — we have a responsibility to think carefully about their safety and about how we prepare for situations that could affect them.”
In a statement Friday to Montana Free Press, a spokesperson for Customs and Border Protection said border patrol agents pulled over a driver at 10:15 a.m. Aug. 11 “in the area of Overland Avenue in Billings.”
The statement did not say why agents made the traffic stop, only that they identified the adult and child in the car as citizens of Mexico and determined the adult was “unlawfully present in the United States.”
It was “a records check on De La Cruz’ car” that notified agents of De La Cruz’ illegal immigration status, according to the ruling releasing him and his daughter by Chief United States District Court Judge Brian Morris.
The unnamed CBP spokesperson wrote that the man who was arrested “accepted voluntary return for himself and his minor child. Consistent with the court’s order, they have been placed into supervised release with [Immigration and Customs Enforcement.]”
More information about the man’s apparent acceptance of “voluntary return” was not immediately available.
The CBP press statement added that anyone without legal immigration status should voluntarily leave the United States. “We encourage all illegal aliens to take control of their departure by utilizing the CBP Home app to receive a free flight home and $2,600,” the spokesperson wrote.
Typically, about 500 kids attend the annual the backpack distribution event in Billings, according to United Way Marketing Coordinator Matt Hoffman. There are no income or residency requirements to receive school supplies, Hoffman said.
In light of the arrests last week, United Way of Yellowstone County is working to develop a training for local nonprofits, Konkel wrote in the email. The training would ideally teach staff what to do if immigration authorities show up at an event, how to prepare for that possibility, and what the service organization’s rights and responsibilities are.
Maintaining the trust of the people who use United Way’s services is critical, Konkel wrote.
“Protecting that trust — and doing everything reasonably within our ability to protect the safety and dignity of the people we serve — must remain at the center of our work,” he wrote.
Konkel did not immediately respond to an email and phone call seeking comment Friday morning.
In a ruling issued late Wednesday afternoon, Chief United States District Court Judge Brian Morris found the federal government’s arrest and detainment of De La Cruz and his daughter was unlawful and ordered their release “to remedy the constitutional and statutory violations committed by the Government against [them].”
Molly Danahy, litigation director at Upper Seven Law, which represents De La Cruz, wrote in an emailed statement to Montana Free Press that the court’s decision to release De La Cruz and his daughter was “right, just and lawful.”
“Courts around the country have agreed that [U.S. Customs and Border Protection] cannot simply snatch people like Adrián and his daughter off the streets,” she wrote. “As long as CBP and ICE continue their unlawful activities in Montana, we will persist in seeking justice for the wrongfully detained.”
Nora Mabie contributed reporting.
This story was updated Aug. 21, 2026, to include post-publication comment from U.S. Customs and Border Protection.
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