Attorney General Knudsen, Governor Gianforte announce investigation into potential violations of Montana’s sanctuary city ban

HELENA – Attorney General Austin Knudsen and Governor Greg Gianforte today announced the Montana Department of Justice is launching an investigation into recent actions taken by local governments that may be in violation of Montana’s sanctuary city ban. The announcement comes after the Helena City Commission voted on a resolution that prevents local law enforcement officers from assisting federal immigration law enforcement operations.

In 2021, the Montana Legislature passed, and Governor Gianforte signed House Bill 200 into law which prohibited sanctuary cities in Montana. The law, which is located at Montana Code Annotated 2-1-601 to 605, allows for the Attorney General to monitor state and local government compliance and investigate compliance complaints. If an investigation finds that a state agency or local government has violated the law, the attorney general can bring a civil action against the state agency or local government.

“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. 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.” Attorney General Knudsen said.

“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,” Gov. 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.”

Attorney General Knudsen agreed to open the investigation, following a letter from Gov. Gianforte formally requesting a DOJ investigation into recent actions taken by local governments across Montana that may be in violation of the law. If violations are found, any local government or state agency may be fined up to $10,000 for every five days it does not comply with state law. If the DOJ determines any jurisdiction is not in compliance, funds distributed to those jurisdictions from the Montana Department of Commerce, including the Coal Endowment Program or the Montana Coal Board, may be halted.

A livestream of the press conference can be viewed here.