State Attorney General Challenges Gallatin County Attorney’s Advice Against ICE Detention Agreement

Montana Attorney General Austin Knudsen is pressuring the Gallatin County Commission to override their county attorney’s legal advice and enter into an agreement with federal Immigration and Customs Enforcement (ICE) to detain immigrants at the county jail.

In a strongly worded letter sent Wednesday, Knudsen directly challenged a legal opinion from Gallatin County Attorney Audrey Cromwell, who recommended the commission refuse to enter into an intergovernmental services agreement (IGSA) with ICE.

“As an initial matter, the Cromwell Opinion consists primarily of political objections to enforcing our nation’s immigration laws rather than actual legal analysis,” Knudsen wrote. “The American people, however, spoke loudly and clearly in November 2024. They sent Donald Trump back to the White House to secure our border, remove dangerous criminals and drugs from our streets, and end sanctuary jurisdictions.”

The dispute centers on whether Gallatin County should allow ICE to house immigrants at the county detention center for up to 72 hours while they await transport to immigration hearings in Salt Lake City and Las Vegas. The agreement would provide just 10 detention beds and follows similar arrangements already in place at jails in Cascade and Yellowstone counties.

Legal Framework Dispute

The disagreement between the state attorney general and county attorney highlights competing interpretations of Montana law and federal immigration enforcement.

Knudsen argues that Montana Code § 27-16-801, enacted in 2021, requires law enforcement agencies to detain individuals subject to ICE detainers for up to 48 hours. He also points to Gallatin County’s existing 287(g) agreement with ICE, signed in January 2020, which already allows the sheriff’s office to detain immigrants for federal authorities.

Cromwell’s legal opinion, which Knudsen characterizes as “flawed,” apparently raises concerns about the county’s potential liability and legal obligations under such an agreement. Knudsen dismisses these concerns as politically motivated rather than based on sound legal analysis.

“Cromwell ignores critical facts about what IGSA entails and why it is crucial for public safety in Montana,” Knudsen wrote. “Cromwell fails to mention that without these agreements, it would be extremely difficult for ICE to do its job and lawfully remove aliens – particularly criminal aliens – from Montana communities.”

Border Security Context

Knudsen’s letter emphasizes Montana’s connection to border security issues, citing dramatic increases in fentanyl seizures and deaths during the Biden administration. The state crime lab reported 262 fentanyl-linked deaths during Biden’s four years in office, while fentanyl seizures increased from 1,900 dosage units in 2019 to 275,091 in 2024 – an increase of over 14,000 percent.

The attorney general also referenced a March operation in Gallatin County where three immigrants were arrested on drug charges. Sheriff Brian Springer was quoted in the letter about the impact of border security on local communities.

Recently, anti-drug task forces in Montana seized 4,900 carfentanil pills trafficked by Mexican drug cartels. Carfentanil is 100 times more potent than fentanyl.

Constitutional Authority

Knudsen’s letter cites several court cases to support the state’s authority to cooperate with federal immigration enforcement, including Ramon v. Short and Arizona v. United States. He argues that refusing to cooperate with ICE detainers means “releasing aliens from jail into Montana communities, where they can commit additional crimes.”

The attorney general has made immigration enforcement a priority since taking office, signing an agreement in February allowing Montana Highway Patrol troopers and Division of Criminal Investigation agents to aid in immigration enforcement efforts. In March, he joined a coalition defending efforts to deport members of the violent Venezuelan gang Tren de Aragua, which has a presence in Montana.

The Gallatin County Commission has not yet announced when it will vote on the proposed ICE agreement. The dispute between Knudsen and Cromwell’s competing legal interpretations adds a new dimension to local debates over immigration enforcement and federal cooperation.