A 2021 state law bans municipalities from adopting policies that prohibit local law enforcement from detaining undocumented immigrants sought by federal authorities. It's known as a ban on “sanctuary cities.”
Attorney General Austin Knudsen says Helena officials may have violated that law.
“This is clearly the city council of Helena thumbing its nose at the Montana Legislature,” he said during a press conference Wednesday.
The resolution passed late last month says city police will not make arrests based solely on immigration status, police will avoid committing resources to federal immigration action, and will ask federal officers to de-mask and identify themselves when possible. The city will not willingly share residents’ personal information with outside agencies and will attempt to avoid deporting residents.
Dozens of Helenans spoke in support of the city’s resolution last month, though some called for a legally binding ordinance instead of a resolution.
Gov. Greg Gianforte formally asked Knudsen for the investigation in a joint press conference Wednesday. If the city is found in violation, the attorney general can file a lawsuit in district court, which could result in steep fines of $10,000 for every five days the city is out of compliance. Gianforte said the state could also withhold funds dispersed to local governments, and warned other municipalities against similar action.
“There will be penalties. In Montana, we don’t tolerate defiance and we support our local law enforcement,” Gianforte said.
Helena city commissioners had noted that the resolution affirms practices already established by Helena City Police Chief Brett Petty.
Helena city officials said in a statement Wednesday the resolution was crafted with consideration of local, state and federal laws. They believe it complies with all legal requirements.
