Greg Gianforte and Austin Knudsen announced Thursday that the state will investigate whether recent actions by the Helena City Commission violate Montana’s ban on sanctuary city policies.
The announcement follows a vote by the Helena City Commission approving a resolution that prevents local law enforcement officers from assisting with certain federal immigration enforcement operations.
“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,” Gianforte said. “Recently, the Helena City Commission passed a resolution that raises serious concerns about its compliance with state law. Together with Attorney General Knudsen, today we are announcing an investigation into this recent action.”
House Bill 200, passed by the Montana Legislature and signed into law in 2021, prohibits state and local governments from adopting policies that limit cooperation with federal immigration authorities. The law authorizes the attorney general to pursue civil action against jurisdictions found to be in violation.
In a letter sent Wednesday, the governor formally requested that the Montana Department of Justice open an investigation into actions taken by local governments that may conflict with the statute. The governor referenced a directive from Donald J. Trump instructing U.S. Immigration and Customs Enforcement and Customs and Border Protection to prioritize the deportation of individuals in the country illegally who have committed crimes.
“These agents serve a vital role in keeping our country safe. It’s also important that agents within those agencies follow the law,” Gianforte wrote. “However, these recent events are not a license for local governments across our state to ignore laws enacted by the Montana State Legislature.”
At a press conference held at the Montana State Capitol, Knudsen said his office would begin reviewing the Helena resolution immediately.
“Governor Gianforte and the 2021 state legislature ensured local governments’ cooperation with federal immigration officers and charged my office with enforcement of this law,” Knudsen said. “Today, we begin our investigation into the City of Helena following its recent misguided resolution and send a warning to every other local government to follow the law or face the consequences provided for in statute.”
Under HB 200, jurisdictions found in violation may face fines of up to $10,000 for every five days of noncompliance. Additionally, the Department of Justice may seek to halt certain state funds distributed through the Montana Department of Commerce, including programs such as the Coal Endowment Program and funding administered by the Montana Coal Board.
City officials in Helena have not yet publicly responded to the announcement of the investigation.
