Opponents of a bill that encourages local law enforcement to check people’s immigration status say the legislation amounts to little more than legalized racial profiling.

House Bill 278, cosponsored by Rep. Amy Regier, R-Kalispell, was introduced into the Montana House of Representatives under the title “An Act Requiring a Peace Officer to Check and Report the Immigration Status of a Person During a Lawful Stop.” After strong opposition from law enforcement organizations, though the bill’s language was softened to authorize, rather than require, immigration status checks. The amended bill also requires officers to have reasonable cause to question someone’s immigration status. 

Even with the changed language, Kalispell Police Chief Jordan Venezio expressed concerns about how departments and officers would implement the bill.  

“How is a police officer to decide which person to choose to check immigration status? You’re relying on different descriptors that will lead to bias,” said Venezio. 

From a practical level, Venezio said local law enforcement has no way to independently verify someone’s immigration status, and getting in touch with federal immigration officials often takes hours or days. 

Both these issues arose in a 2013 lawsuit known as Rios-Diaz v. Montana Highway Patrol. The plaintiffs included several Latino men who had been held for up to two hours during routine traffic stops as patrolmen attempted to call federal immigration officials. The court sided with the plaintiffs and handed down a settlement that included new monitoring, training and reporting policies related to racial profiling. 

During a House Judiciary Committee hearing on Jan. 29, Patrick Yawakie linked the bill to the recent detainment of members of the Navajo Nation. According to the Navajo Nation Council, over a dozen tribal members were detained by Immigration and Customs Enforcement officials last month, despite carrying state- or tribal-issued IDs. Yawakie, who spoke on behalf of the Blackfeet Tribe, the Chippewa Cree Tribe of Rocky Boy and the Fort Belknap Indian Community, said fears of wrongful detainment were spurred by accounts of federal immigration officials driving through Montana reservations. 

“As the largest minority who shares similar physical characteristics as Central and South American peoples, we see how House Bill 278 will create high risks of wrongful detention and higher risks of trauma induced in our communities,” said Yawakie. 

Lawmakers largely dismissed concerns of racial profiling, saying the practice was already illegal under state law and that the bill would only allow patrolmen to ask about immigration status if they had reasonable suspicion. 

“In [Highway Patrol] policies, I’m fairly certain you would find something that prohibits your officers from stopping, detaining anyone based on their race or skin color, correct?” asked Rep. Steven Kelly, R-Kalispell, during the hearing. 

Field forces commander for the Montana Highway Patrol Lt. Col. Kyle Hayter responded to the question, agreeing that the department maintains antidiscrimination policies. 

The bill passed the House Judiciary Committee Monday with 13 votes in favor and 7 votes against and will likely appear before the full House in the coming days. 

Reporter Hailey Smalley can be reached at [email protected].