AG ends investigation into Helena immigration resolution

Montana Attorney General Austin Knudsen has closed an investigation into a local immigration resolution after the Helena City Commission repealed it.

The Helena City Commission said it wants to take another stab at the resolution with help from the Department of Justice, but in a letter announcing the closure of the investigation, Knudsen said it’s not his job.

“Although I appreciate the City’s offer to work together on its next foray into immigration matters, it rests upon a fundamental misunderstanding about Montana law and the role of the Attorney General,” Knudsen’s letter states. “So let me take this opportunity to disabuse the City (and other localities) of the notion that compliance with Montana’s anti-sanctuary city law is a collaborative enterprise. The Legislature was clear when it enacted Mont. Code Ann. § 2-1-602: local governments don’t get to set their own immigration policies.”

The Helena City Commission passed the immigration resolution earlier this year in response to citizen outcry over federal immigration practices many felt could be replicated in Montana’s capital city. The resolution reiterated its support for immigrant communities and was supposed to serve as a reminder of its policy and procedures surrounding interaction with federal law enforcement.

In response, Republicans Gov. Greg Gianforte and Knudsen announced the investigation into the immigration resolution, saying it violated a sanctuary city law the state has passed. That law hasn’t been tested in a Montana court.

The city rescinded the measure, but in its response to the DOJ investigation, said it wasn’t breaking the law and included an updated resolution, hoping to find language both the state and city could agree on.

Knudsen said if the city should “choose to waste additional taxpayer resources” on further immigration resolutions, the DOJ would investigate again.

City officials argued the resolution was just restating policies already in its code, which the state hasn’t challenged. The immigration resolution has been heavily discussed in Helena and several multiple hours-long public meetings have been held on the issue. 

The city of Helena acknowledged the April 10 letter from Knudsen, and Helena City Manager Alana Lake said Helena remains focused on serving its residents.

“We believe Montanans are best served by cooperation, clarity, and mutual respect across all levels of government. Complex issues deserve thoughtful solutions, grounded in public safety and community trust,” Lake said in a statement.