Montana Investigates Helena Over Noncooperation with Immigration Laws

Montana's AG accuses Helena of violating immigration laws, escalating a dispute over local vs. state authority.
Lauren Miller, Montana Free Press, CatchLight Local/Report for America

Montana’s state government is investigating Helena, its capital city. In recent weeks, the Department of Justice has threatened to sue Helena. Attorney General Austin Knudsen, supported by Governor Greg Gianforte, has accused Helena of defying state law against sanctuary cities for undocumented immigrants. The state has been critical of a Helena resolution that prevents cooperation with federal immigration agents.

Knudsen stated, “The city of Helena does not make state law,” highlighting the conflict with Helena’s city council. A special meeting is scheduled on March 26 to discuss potential changes to the resolution. Helena Mayor Emily Dean has invited the attorney general to discuss the matter, while some advocates are concerned about the possibility of rescinding the resolution.

Despite having a small foreign-born population, Montana has had minimal ICE arrests compared to other states. The crux of the issue is local autonomy in law enforcement and governance. Lily Clarke, co-leader of Montana for Palestine, criticized the city council’s hesitance, indicating a lack of accountability to voters.

Former Montana Governor Marc Racicot views the investigation as part of a broader jurisdictional dispute across the nation. He characterized the situation as “political theater” aimed at asserting control.

Helena’s resolution, passed in January, prohibits city police from partnering with ICE and restricts the disclosure of immigrants’ personal information unless legally required. This stance has encouraged other Montana cities to consider similar policies, signaling a potential shift in statewide immigration enforcement dynamics.

Knudsen and Gianforte have refrained from further public comments due to the ongoing investigation. Helena officials, anticipating a legal challenge, are also withholding comments.

Lily Clarke recounted a personal experience in Helena, where she witnessed the arrest of Christopher Martinez Marvan, a Mexican citizen residing in Helena. This event spurred local advocacy, emphasizing community opposition to federal immigration policies. The city commission’s resolution emerged as a response to community demands for transparency and autonomy.

Helena, although not as progressive as Missoula, serves as Montana’s hub for immigration processes. This backdrop, along with local political dynamics, has fueled the city’s resistance to federal enforcement directives. The resolution’s passage came amidst national incidents inflaming public sentiment against ICE, further solidifying Helena’s position.

Attorney General Knudsen, citing state law, issued a cease-and-desist order against Helena, demanding compliance or legal action. This escalated tensions, with state officials connecting immigration enforcement to criminal activity and public safety in Montana. Political experts see parallels with past legal disputes in Montana, like Missoula’s gun ordinance case, yet note the unusual public approach taken by state officials in this matter.


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