Montana Attorney General Investigates Helena Over Immigration Policy
– Montana Attorney General Austin Knudsen announced an investigation into the city of Helena following a recent resolution by the Helena City Commission that limits cooperation with federal immigration enforcement.
The investigation, launched in conjunction with Governor Greg Gianforte, centers on whether the city’s actions violate Montana’s 2021 ban on sanctuary cities, codified as Montana Code Annotated 2-1-601 to 605. The law, signed by Governor Gianforte, prohibits state and local governments from enacting policies that refuse cooperation with federal immigration authorities.
According to a press release from the Montana Department of Justice, the Helena City Commission’s resolution prevents local law enforcement officers from assisting federal immigration law enforcement operations. Attorney General Knudsen stated, “Governor Gianforte and the 2021 state legislature ensured local governments’ cooperation with federal immigration officers and charged my office with enforcement of this law. Together, we are keeping our promise to Montanans to work with our federal partners so they can effectively do their jobs and help us keep our streets and families safe.”
Governor Gianforte echoed this sentiment, stating, “In 2021, I signed House Bill 200 into law that explicitly bans sanctuary city policies in Montana and under this law, no state or local government may enact policies that refuse cooperation with federal immigration authorities.” He expressed concern that the Helena City Commission’s resolution raises “serious concerns about its compliance with state law.”
The investigation comes as Montana grapples with the broader issue of immigration enforcement. A report from the Migration Policy Institute estimates that, as of , Montana was home to approximately 6,000 unauthorized residents, representing the lowest per capita population of undocumented immigrants of any state.
Historically, state and local law enforcement’s authority to enforce immigration law has been limited. However, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 established the 287(g) program, allowing for voluntary partnerships between local police departments and federal immigration authorities, enabling local officers to perform certain federal functions.
The Trump administration significantly expanded the number of 287(g) agreements with local police departments. Congress allocated $75 billion to Immigration and Customs Enforcement (ICE) over four years through the “One Big Beautiful Bill Act,” tripling ICE’s funding and making it the largest federal law enforcement agency.
Attorney General Knudsen indicated that his office has received numerous communications regarding the Helena resolution. Under the state law, if the investigation finds a violation, the attorney general can bring a civil action against the city. The potential penalty for violating the sanctuary city ban is a fine of up to $10,000 for every five days the city is found to be in violation, according to reports.
The outcome of the investigation could have broader implications for other localities in Montana, potentially influencing whether they adopt similar policies limiting cooperation with federal immigration enforcement. The situation sets the stage for potential legal clashes between the state and municipal governments over immigration policies.
