Montana Attorney General Austin Knudsen announced an investigation into Helena following the city’s January resolution directing police not to aid federal immigration enforcement, reflecting sanctuary-city policies. This move by Knudsen sets the stage for potential state-municipal clashes over immigration policies and could affect the adoption of similar policies in other Montana localities. Questions arise about existing local immigration enforcement policies statewide.
The Migration Policy Institute reports that in 2023, Montana had around 6,000 unauthorized residents, the lowest per capita in the U.S. Historically, state and local law enforcement’s immigration enforcement role was limited, but expanded with the 1996 Illegal Immigration Reform and Immigrant Responsibility Act, introducing the 287(g) program for certain federal partnerships.
During Trump’s presidency, the 287(g) agreements surged, with a $75 billion allocation to ICE via the “One Big Beautiful Bill Act”, tripling its budget to be the largest among federal agencies. Montana Free Press found varied enforcement policies across the state, with Helena being the only city with a specific resolution on local law enforcement’s role in immigration matters.
Knudsen is investigating if Helena’s resolution violates House Bill 200, prohibiting policies that limit cooperation with federal authorities, potentially risking $10,000 fines every five days of noncompliance. The resolution directs police to avoid federal enforcement and prohibits sharing resident information unless legally mandated. Helena officials claim legality but refrain from further comments due to the ongoing investigation.
Helena Police Chief withdrew from the Missouri River Drug Task Force over cooperation with federal agencies, focusing on local policing instead. Meanwhile, East Helena continues participation, alongside other counties. Comparatively, Great Falls has no plans to follow Helena’s resolution, referring to Montana law ensuring cooperation with federal immigration authorities.
In Missoula, the policy is clear that local police do not enforce federal immigration law, and a new resolution is being drafted to affirm this stance. Bozeman also does not engage in immigration enforcement, though Gallatin County has a limited 287(g) agreement. Similarly, Billings, Butte-Silver Bow, and Kalispell do not participate in the 287(g) program, though Flathead County does under a limited scope.
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