Immigration advocates are challenging the constitutionality of new state law that allows police officers to check an individual’s immigration status during traffic stops, arguing that it violates protections from unreasonable search and seizure.

House Bill 278 — passed by the state Legislature earlier this year — was signed into law by Gov. Greg Gianforte on April 16. At the time, critics of the bill warned it amounted to little more than legalized racial profiling.  

Valley Neighbors of the Flathead, a nonprofit that assists immigrants in the community, filed the lawsuit against the state of Montana and Attorney General Austin Knudsen in Lewis and Clark County District Court on Sept. 30.  

The nonprofit alleged in its complaint that the law authorizes police officers to conduct prolonged and warrantless investigations of a person’s immigration status based solely on reasonable suspicion. The Montana Constitution only allows for temporary warrantless detentions, the group argued.  

Officers in Montana must have particularized suspicion, rather than reasonable suspicion, of criminal activity in order to conduct investigations, according to the complaint.  

The lawsuit points to Article II, Sections 10 and 11 in the Montana Constitution. Section 10 outlines a person’s right to privacy and Section 11 protects individuals from unreasonable search and seizure.  

An affirmative right to privacy coupled with protection from unreasonable search and seizure entitles Montanans more protection from investigative detentions, the group argued. 

In a statement, Knudsen’s office said the attorney general anticipated defending the law in court.  

“[Knudsen] looks forward to defending this duly enacted law that will help stop illegal immigration and keep Montana families safe,” said Chase Scheuer, spokesperson for the Montana Attorney General's Office, in an email. 

LAW ENFORCEMENT agencies across the state opposed the bill before its language was amended during the legislative session, as previously reported by the Daily Inter Lake. Even after it was amended, some law enforcement officials, including Kalispell Police Chief Jordan Venezio, were concerned over its implementation. 

“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,” Venezio said in a previous interview. 

There’s no way for local law enforcement to independently verify a person’s immigration status, he said. It often takes hours or days to get in touch with federal immigration officials, according to Venezio.  

Since April, plaintiffs alleged there’s been an uptick in cases of police officers turning routine traffic stops into immigration investigations, according to court documents. Several instances were listed in the complaint, including a recent detainment of a Honduran mother and her 17-year-old daughter in Evergreen on Sept. 14. Neither the mother nor daughter were suspected of a crime. 

However, law enforcement called Customs and Border Protection because the pair failed to provide identification, according to court documents.  

Johnny Ratka Skinner, a member of Valley Neighbors, said in a statement the new law encourages racial profiling and erodes trust in police.  

“Montanans should not be subject to criminal investigation and detention based on their race or ethnicity,” Skinner said. “HB 278 prioritizes illegal and unnecessary immigration investigations over actual public safety concerns.” 

VALLEY NEIGHBORS also argued the new law harms the nonprofit's core mission by fostering community distrust of local law enforcement.  

The nonprofit has diverted funds away from its ordinary operations to provide financial assistance to immigrants for vehicle repair. The new program was started to ensure community members comply with traffic laws, in response to the increased number of vehicle stops by law enforcement that target immigrants or individuals perceived to be immigrants, according to court documents.  

“As a result, Valley Neighbors has fewer resources to help Montana’s immigrant community integrate and succeed,” plaintiffs stated in the complaint.  

The lawsuit is presided over by Judge Michael McMahon, and no hearings have been scheduled yet. 

Reporter Hannah Shields can be reached at 758-4439 or [email protected].