Full Breakdown
Montana Supreme Court to Decide Whether ICE Can Access County Criminal Records Without a Court Order
7/16/2026, 9:49:30 PM
Supreme Court Challenge Over ICE Data Requests
The Montana Supreme Court will hear a dispute between Attorney General Austin Knudsen and Gallatin County Attorney Audrey Cromwell over whether the county must provide non-public criminal-justice information to U.S. Immigration and Customs Enforcement (ICE) when the federal agency requests it for civil immigration purposes. Cromwell contends that such disclosures require a judicial order; Knudsen maintains that his office has authority to direct county attorneys to cooperate with ICE.
Legal Background and Privacy Context
The case pivots on Montana’s constitutional privacy protections and state statutes governing the handling of confidential criminal-justice data. The ACLU of Montana argues that “confidential criminal justice information can include sensitive records like investigative files, fingerprints, and other information that may not mean someone was ever convicted of a crime,” and asserts that the dispute raises “privacy rights of all Montanans” that should be resolved by the courts.
Key Figures
- Austin Knudsen, Attorney General of Montana, who oversees statewide law-enforcement policy.
- Audrey Cromwell, Gallatin County Attorney, who refused to release the requested records without a court order.
- ACLU of Montana, civil-rights organization filing an amicus brief supporting Cromwell’s position.
Official Statements & Responses
Knudsen emphasized his office’s cooperation with ICE, describing the agency’s work as “vitally important” for border security and public safety. He framed the issue as “enforcing the law” and indicated that his administration will continue to work with federal immigration authorities. The ACLU brief, filed with the Supreme Court, stresses that the matter implicates state privacy guarantees and that the county’s refusal aligns with Montana’s criminal-justice information laws.
Verbatim Quotes
- “My office, we're cooperating with ICE. I think they do a vitally important job keeping the Americans safe, keeping our border secure, keeping cartel members and people we don't want in this country, getting them out,” — Austin Knudsen, Attorney General
- “I was elected to fight crime in Montana, not let predators and bad guys out on the street. So we're going to see where this goes. She's opted to sue me and take me to the Supreme Court. So, we'll see how this all plays out,” — Austin Knudsen, Attorney General
- “The ACLU points to Montana’s constitutional privacy protections, arguing confidential criminal justice information can include sensitive records like investigative files, fingerprints, and other information that may not mean someone was ever convicted of a crime.” — ACLU of Montana, Amicus Brief
- “In a brief filed with the Montana Supreme Court, the ACLU of Montana sides with Cromwell, arguing the case involves the privacy rights of all Montanans and should be decided by the courts.” — ACLU of Montana, Amicus Brief
