From Fox News:
Montana banned sanctuary cities under Republican Gov. Greg Gianforte’s pen in 2021, and that policy also allows Attorney General Austin Knudsen to enforce compliance and investigate alleged aberrations under threat of civil action against any such state agency or local or county government.
Knudsen notified Gallatin County — anchored by the city of Bozeman — that its policy stance is “legally incorrect” and that Big Sky Country is not Big Sur.
The issue came to light after an October email from a Cromwell aide informed two county law enforcement officials, that ICE is not an agency authorized to receive Confidential Criminal Justice Information (CCJI).
“Good afternoon [officials], I am writing to inform you that the Gallatin County Attorney’s Office does not legally recognize Immigration and Customs Enforcement (ICE) as a law enforcement agency entitled to receive Confidential Criminal Justice Information (CCJI).
“Accordingly, ICE is not authorized under Montana law to access CCJI without a court order.”
“Therefore, ICE is only entitled to public documents. All other documents being requested should be processed like a standard CCJI request,” the email read.
In a warning to Gallatin County Attorney Audrey Cromwell, Knudsen wrote that “Montana supports cooperation among all levels of law enforcement, including ICE, to ensure community safety and uphold the rule of law.”
“Your policy is legally incorrect and inconsistent with both Montana law and governing federal statutes. Montana law defines the term ‘criminal justice agency’ as a matter of statute—not local discretion,” he wrote.
“Let me be clear: Montana is not California. This state does not embrace policies that isolate law enforcement partners or undermine the enforcement of duly enacted federal law,” Knudsen informed Cromwell.
Cromwell denied the allegation that her county does not recognize ICE as a criminal justice agency qualified to receive CCJI.
She was provided with the email from her aide, sent to county law enforcement, that said the Gallatin County Attorney’s Office does “not legally recognize Immigration and Customs Enforcement (ICE) as a law enforcement agency entitled to receive” CCJI.
Cromwell’s office responded, stating that the email should not be considered “policy” and that “there is no blanket policy in Gallatin County prohibiting cooperation with ICE or any federal agency, nor is there a policy restricting the sharing of information.”
“The County Commission, not the County Attorney’s Office, is the only governing body with the authority to establish county policy,” Cromwell’s office continued.
“In the specific instance raised by the Records Department in September, ICE requested nonpublic CCJI regarding an individual for a civil matter. After legal review, the civil division of the County Attorney’s Office determined that ICE, in this context, was not acting as a ‘criminal justice agency’ under Montana’s CCJI statutes because the request was civil in nature and did not fall within the statutory definition tied to the administration of criminal justice,” the statement read.
Read more at Fox News
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