Montana’s Governor and AG Launch Investigation into Possible Violations of Statewide Ban on Sanctuary Cities
/Image: Office of the Governor of Montana
Montana Gov. Greg Gianforte (R) and Attorney General Austin Knudsen (R) announced an investigation into possible violations of a statewide ban on sanctuary cities and sanctuary-jurisdictional policies.
Montana has a statewide ban on sanctuary cities and sanctuary-jurisdictional policies, enacted through House Bill 200 (HB 200) in 2021 and signed by Gov. Gianforte.
The law explicitly bans state agencies and local governments (including cities, counties, and other jurisdictions) from enacting or maintaining “sanctuary” policies. This includes any rules, ordinances, or practices that:
- Limit or refuse cooperation with federal immigration authorities (e.g., U.S. Immigration and Customs Enforcement – ICE).
- Restrict sharing information about immigration status with federal officials.
- Prohibit local law enforcement from honoring federal immigration detainers or assisting in enforcement activities.
The law requires full compliance and cooperation with federal immigration law enforcement to prevent jurisdictions from providing “sanctuary” or limited cooperation for undocumented immigrants.
Further, the Attorney General has authority to monitor compliance, investigate complaints or potential violations, and pursue civil legal action against non-compliant entities. Penalties include fines of up to $10,000 per violation for every five days the non-compliance continues. Additional consequences can include withholding or halting state funds distributed to the violating jurisdiction.
On January 26, 2026, the Helena City Commission voted on Resolution 21062- A Resolution Memorializing City of Helena Policy When Federal Immigration Enforcement Actions Are Present Within City Limits.
The resolution directs the Helena Police Department to avoid assisting federal authorities (like ICE) with immigration enforcement unless legally required.
Further, it prohibits entering into 287(g) agreements with ICE, limits the sharing of sensitive information (e.g., immigration status or national origin) except under court order or law, and encourages asking federal agents to identify themselves and remain unmasked when possible.
Following the resolution, Governor Gianforte told Fox News Digital that he and Attorney General Knudsen will investigate Helena under SB 200.
“In Montana, we don’t tolerate defiance and we support our law enforcement officers,” Gianforte told Fox News Digital.
“While the attorney general’s initial investigation will focus on the city of Helena, we’re really sending a message to all local governments across the state: If you are found to be in violation of state law, there will be penalties.”
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Gianforte said he has “serious concerns” about the resolution’s compliance with state law and said that under the sanctuary city ban, no state or local agency may refuse to cooperate with DHS.
Gianforte shared in a press release, “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 added, “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.”
The governor’s letter to the attorney general can be viewed here.
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