Montana AG Challenges Gallatin County Limits on ICE Access to Criminal Records
Montana Attorney General Austin Knudsen has warned Gallatin County that its handling of Immigration and Customs Enforcement requests for confidential criminal justice information (CCJI) is unlawful, after an email from a county attorney’s aide said the office does "not legally recognize" ICE as a law‑enforcement agency entitled to such data. In a letter to County Attorney Audrey Cromwell, Knudsen cites the state’s 2021 anti‑sanctuary law and argues that whether ICE is a "criminal justice agency" is defined by statute, not local discretion, and that Montana "supports cooperation" with federal immigration enforcement. Cromwell’s office denies there is any blanket policy restricting cooperation or information‑sharing with ICE, and says the disputed September incident involved a request for non‑public CCJI for a civil matter where ICE was not acting within the statutory definition of a criminal‑justice agency, calling the aide’s email a case‑specific legal determination rather than county policy. The dispute, emerging as DHS remains partially shut down and immigration enforcement politics are running hot, highlights how local legal interpretations of data‑sharing rules can effectively expand or blunt ICE’s reach even in states that formally ban sanctuary policies. Online, immigration‑hardline circles are portraying Gallatin County as a "shadow sanctuary" defying state law, while local officials insist they are following Montana’s CCJI statutes and case law, underscoring how much of this fight turns on technical definitions rather than the rhetoric both sides are trading.
📌 Key Facts
- Montana AG Austin Knudsen sent a warning letter to Gallatin County Attorney Audrey Cromwell saying her office’s stance that ICE is not a 'criminal justice agency' entitled to CCJI is 'legally incorrect.'
- An October email from a Cromwell aide told local law‑enforcement officials the County Attorney's Office does 'not legally recognize' ICE as a law‑enforcement agency entitled to confidential criminal‑justice information.
- Cromwell’s office says there is no county policy blocking cooperation with ICE and that in the cited September case ICE sought non‑public CCJI for a civil matter, leading the civil division to conclude ICE did not qualify as a criminal‑justice agency in that context.
📊 Relevant Data
Gallatin County's population increased by 8.2% from April 1, 2020, to July 1, 2025, growing from 118,962 to an estimated 128,726 residents, with in-migration contributing significantly to this growth.
Gallatin County, Montana - U.S. Census Bureau QuickFacts — U.S. Census Bureau
As of February 7, 2026, 73.6% of individuals held in ICE detention (50,259 out of 68,289) have no criminal conviction, highlighting that a majority of detentions are for civil immigration matters.
TRAC: Immigration Detention Quick Facts — Transactional Records Access Clearinghouse (TRAC)
In 2025, U.S. Immigration and Customs Enforcement detained 135 people in Northwest Montana, of which only 11 (8.1%) were convicted or accused of non-immigration related criminal charges, indicating most detentions were for civil violations.
Immigration detentions up in Northwest Montana, but numbers hard... — Daily Inter Lake
Montana's foreign-born population constitutes about 2.2% of the state's residents, with immigrants contributing to economic growth in sectors like agriculture and services.
Immigrants in Montana — American Immigration Council
Counties adopting sanctuary policies in 2014 experienced a decrease of 17.9 violent crimes per 100,000 inhabitants per year (0.02 percentage points) compared to non-sanctuary counties, according to a study of local effects.
The local effects of federal law enforcement policies: Evide — Contemporary Economic Policy
📰 Source Timeline (1)
Follow how coverage of this story developed over time