Motel 6 Class Action Says Guest Info Disclosed to Immigration Agents

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A group of plaintiffs have filed a class action lawsuit against Motel 6, claiming the motel chain’s alleged policy of disclosing guests’ personal information to U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) agents is unconstitutional, racially discriminatory, and that it violates consumers’ privacy rights.

“Beginning at least as early as February 2017, Motel 6 directed its employees to disclose guest registration information, including guests’ personal information, to ICE agents,” the Motel 6 class action lawsuit alleges.

“Upon information and belief, Motel 6 employees were encouraged by Motel 6 to act for the benefit of law enforcement and a relationship with law enforcement,” the Motel 6 class action lawsuit continues. “Motel 6 and ICE maintained this policy and/or practice with the goal that ICE agents interrogate, detain, and arrest guests, including Plaintiffs, without a warrant or reasonable suspicion.”

The eight Latino plaintiffs each allege that they stayed at a Motel 6 in the Phoenix area and were approached by ICE agents in the early morning hours while in their motel rooms or otherwise on the Motel 6 premises. They were subsequently arrested without a warrant, according to the Motel 6 class action lawsuit.

According to the plaintiffs, Motel 6 disclosed personal information including names and room numbers to ICE agents. Additionally, Motel 6 employees allegedly granted ICE agents access to non-public areas to facilitate the agents’ interrogation, detention and arrest of guests.

Plaintiff Jane V. says that she registered as a guest at the Motel 6 Black Canyon with her four children on June 25, 2017 because their apartment did not have air conditioning. According to the Motel 6 class action lawsuit, three ICE agents banged on the door of her room at approximately 5 a.m. the next day and identified themselves as “police.”

Jane V. says she opened the door to the ICE agents, who allegedly interrogated her and threatened to separate her from her children. One agent referred to her by her name and asked her to confirm her identity, the Motel 6 class action lawsuit says. She was told to report to ICE’s Field Office in Phoenix, and when she did so, she was reportedly interrogated and fingerprinted.

The plaintiffs claim that no search warrants or arrest warrants were obtained by ICE agents for any guests at any Motel 6 locations.

Motel 6 provided the information to ICE agents with the intent to discriminate against the plaintiff and other Latinos on the basis of their race and/or national origin, the Motel 6 class action lawsuit alleges.

The plaintiffs filed the Motel 6 class action lawsuit on behalf of themselves and a proposed Class of consumers who stayed at a Motel 6 location and whose personal information was disclosed to federal immigration agents since Feb. 1, 2017. They also seek to represent a subclass of Class Members who stayed at a Motel 6 location in Arizona.

The plaintiffs are represented by Thomas A. Saenz, Andres R. Holguin-Flores, Andres J. Gallegos, and Nina Perales of Mexican American Legal Defense and Educational Fund and by Daniel R. Ortega, Jr. of Ortega Law Firm PC.

The Motel 6 Latino Discrimination Class Action Lawsuit is Jane V., et al. v. Motel 6 Operating LP, et al., Case No. 2:18-cv-00242-DMF, in the U.S. District Court for the District of Arizona.

UPDATE: On Nov. 2, 2018, Motel 6 agreed to settle the class action lawsuit by paying $6.6 million to guests who alleged they were targeted because of their race and their information was sent to immigration officials by the motel.

UPDATE 2: On June 28, 2019, Motel 6 agreed to pay former guests $10 million under a revised settlement agreement resolving claims that they shared the names of hotel guests with the United States Immigration and Customs Enforcement (ICE).