Full Breakdown
Montana Attorney General Challenges Gallatin County's ICE Policy
4/4/2026, 12:46:19 PM
Legal Dispute Over ICE Access to Criminal Justice Data
Montana Attorney General Austin Knudsen is contesting Gallatin County's policy that denies Immigration and Customs Enforcement (ICE) access to Confidential Criminal Justice Information (CCJI). Knudsen argues that this stance is unlawful and undermines collaboration with federal law enforcement. The conflict arises against the backdrop of Montana's 2021 legislation, signed by Republican Governor Greg Gianforte, which prohibits sanctuary cities and empowers the Attorney General to enforce compliance through civil action against local governments.
In a letter to Gallatin County Attorney Audrey Cromwell, Knudsen stated that the county's policy is "legally incorrect" and inconsistent with both state law and federal statutes. He emphasized that Montana law defines a "criminal justice agency" broadly, which includes federal entities like ICE. According to Knudsen, the county's refusal to recognize ICE as a legitimate law enforcement agency jeopardizes public safety by limiting information sharing necessary for community protection.
Gallatin County's Response
Cromwell's office has pushed back against Knudsen's assertions, claiming that there is no blanket policy prohibiting cooperation with ICE. In an email from her aide to county law enforcement, it was stated that ICE is not recognized as a law enforcement agency entitled to CCJI without a court order. Cromwell characterized the reports of the county's policy as inaccurate, asserting that the County Commission, not her office, holds the authority to set county policy.
Knudsen's letter also indicated that the county's approach resembles a "sanctuary" policy, even if not explicitly labeled as such. He has given Gallatin County until a specified deadline to amend its policy and communicate the changes to his office.
Broader Implications and Previous Incidents
The tension in Gallatin County reflects a larger trend in Montana, where local jurisdictions have faced legal threats for noncompliance with state laws regarding immigration enforcement. For instance, Helena, Montana's capital, recently reversed its noncooperation stance with ICE after receiving warnings from Knudsen's office about potential penalties for violating the state's ban on sanctuary policies.
The ongoing debate over ICE's role and access to criminal justice data has intensified amid rising political and physical attacks against ICE and Customs and Border Protection (CBP) agents, particularly during the Trump administration's immigration policies.
Official Statements & Responses
Knudsen has reiterated that "Montana supports cooperation among all levels of law enforcement, including ICE, to ensure community safety and uphold the rule of law." He has expressed concern that Gallatin County's policy could lead to a breakdown in necessary law enforcement collaboration.
Conflicting Reports & Gaps
While Knudsen asserts that the county's policy is a violation of state law, Cromwell maintains that there is no formal restriction on cooperation with ICE. This discrepancy highlights the ongoing confusion and contention surrounding local versus state authority in immigration enforcement.
Verbatim Quotes
“Let me be clear: Montana is not California. This state does not embrace policies that isolate law enforcement partners or undermine the enforcement of duly enacted federal law,” — Austin Knudsen, Montana Attorney General
“there is no blanket policy in Gallatin County prohibiting cooperation with ICE or any federal agency, nor is there a policy restricting the sharing of information.” — Audrey Cromwell, Gallatin County Attorney
