Montana Attorney General Challenges County’s Immigration Policy
Montana Attorney General Austin Knudsen has urged Gallatin County Attorney Audrey Cromwell to withdraw what he deems an illegal policy that recognizes U.S. Immigration and Customs Enforcement (ICE) as a criminal justice agency while refusing to share sensitive information. His call to action was made public on Thursday.
County Attorney Disputes AG’s Claims
Cromwell has disputed Knudsen’s characterization of the situation, asserting that he has conflated county policy with individual civil cases. In a statement, she emphasized that Gallatin County does not maintain a blanket policy against cooperating with ICE or other federal agencies, nor does it have any restrictions regarding the sharing of information.
Concerns About Safety and Law Enforcement
In his letter, Knudsen expressed that Cromwell’s policy poses a danger to the safety of Gallatin County’s residents and hinders law enforcement’s efforts to address illegal immigration in the state. He referenced an email from Cromwell’s office dated October 2, 2025, which stated that the Gallatin County Prosecutor’s Office does not legally recognize ICE as a law enforcement agency able to receive Confidential Criminal Justice Information (CCJI).
Potential Violations of State and Federal Law
The Attorney General’s letter accused Cromwell of violating both state and federal law, asserting that her stance endangers public safety for political reasons. Knudsen’s office set a deadline of Monday, April 6, for Cromwell to rectify the policy, warning of immediate action if she did not comply.
County Attorney Defends Office’s Stance
Cromwell’s office responded to the allegations, stating their commitment to upholding privacy rights. They highlighted a situation from last September in which the Gallatin County Recorder’s Office received a request from ICE for sensitive information, prompting the county attorney’s office to guide them in addressing the matter legally. In one instance, ICE sought non-public CCJI related to a civil case, not a criminal one.
Legal Definitions of Criminal Justice Agency
Under Montana law, the definition of a criminal justice agency is explicitly tied to its role in administering criminal justice, which includes activities such as detection, arrest, and rehabilitation. The Gallatin County Attorney’s Office determined that ICE did not qualify as a criminal justice agency in certain cases because the requests made were civil in nature, and recommended that a district court judge assess whether the information should be released.
Clarifying Miscommunication
Cromwell acknowledged that an October email from her legal assistant may have led to misunderstandings regarding the county’s policies. She clarified that the communication was meant to address a specific legal issue rather than to serve as a comprehensive policy. Cromwell reiterated her office’s commitment to protecting individuals’ constitutional rights to privacy and indicated that a direct reply to Knudsen is anticipated by April 6.
Ongoing Tensions Between Leaders
The dispute between Knudsen and Cromwell is not a new occurrence. Last April, Knudsen criticized Cromwell’s legal opinion concerning an agreement with ICE for detaining illegal immigrants, calling it “political theater.” Cromwell defended the county’s longstanding relationship with ICE, arguing that they possess the longest-running agreement in Montana. The ongoing tension highlights the complexities of immigration policy and law enforcement in the state.
