Bozeman ICE records fight heads to Montana Supreme Court

Bozeman, Mont. — Gallatin County Attorney Audrey Cromwell is asking the Montana Supreme Court to step into a dispute over whether ICE can get confidential information without going through Montana’s legal process, according to a May 1, 2026, press release.

The filing followed a directive from Attorney General Austin Knudsen that Cromwell said could put Gallatin County at legal risk and could affect privacy rights in Montana.

At the center of the case is a question about whether criminal justice information protected under the state constitution can be turned over to ICE for civil or administrative reasons without a court order.

The press release said Montana has traditionally required judges to review requests before confidential records are released.

"We would not be here if the Attorney General had simply picked up the phone or done his job and issued a formal legal opinion. Instead, we are dealing with public statements and theatrical directives issued without the clear legal foundation Montanans deserve," Cromwell said. "Montana’s Constitution provides some of the strongest privacy protections in the country and I swore an oath to uphold it," Cromwell said. "I am not interested in speculation or directives delivered through the media. I am interested in the law," Cromwell said.

A ruling from the Montana Supreme Court would give agencies across the state a clear legal answer on how to handle the issue, the release said.

Cromwell is represented by Raph Graybill and Rachel Parker of Graybill Law Firm, according to the press release.