Gallatin Co. Attorney requests formal opinion in response to ICE dispute

BOZEMAN, Mont. - Gallatin County Attorney Audrey Cromwell is requesting a formal opinion after ICE agents asked the Gallatin County Records Department for confidential criminal justice information (CCJI).

In October 2025, Cromwell’s executive assistant reportedly told local law enforcement the county attorney’s office does not recognize that ICE was entitled to receive CCJI, and that they were only entitled to public documents.

According to Cromwell, the request was made by ICE for administrative purposes, not for a criminal investigation or prosecution.

“Public safety is, and always will be, the top priority of the Gallatin County Attorney’s Office,” Cromwell said. “At the same time, we are sworn to uphold the Montana Constitution. That includes protecting the fundamental right to privacy. When highly sensitive, non-public criminal justice information is requested for civil purposes, the law requires careful review and, in many cases, judicial oversight to ensure those privacy rights are not violated.”

A statement shared by Cromwell Monday morning states that Montana law limits sharing of confidential criminal justice information and that records often contain highly sensitive personal data.

Because of this, information is only shared under specific circumstances, including when a requesting entity is engaged in the administration of criminal justice or when a district court must determine that the merits of disclosure outweigh an individual’s right to privacy.

Cromwell clarified that the county has no policy of restricting cooperation with federal, state or local law enforcement.

Since the request from ICE was civil in nature it did not fall within the rules for disclosure, Cromwell said, and the County Attorney’s Office asked agents to follow the correct judicial process.

Following the incident, Cromwell has formally requested a binding legal opinion from the Attorney General to ensure clarity for all Montana counties.

The request is for guidance on whether counties can lawfully disseminate non-public CCJI to federal agencies, including ICE, for non-criminal civil or administrative purposes without a court order, and how such disclosures align with Montana’s constitutional privacy protections.

“A formal opinion will provide the clear, statewide guidance needed for counties to navigate these complex legal issues,” Cromwell said. “We remain committed to working with our law enforcement partners while ensuring we fully comply with Montana law and uphold the constitutional privacy rights of the people we serve.”