Gallatin County ICE "policy" faces deadline from DOJ; Not policy states county attorney

UPDATE: April 2 at 8:36 p.m.

Gallatin County Attorney Audrey Cromwell shared a response to the DOJ’s deadline to rescind what the agency described as illegal policy under state law.

Cromwell explained in a release that a 2025 legal review tied to an ICE request was limited to one case and did not create any county policy.

Cromwell explained the issue started when the Gallatin County Records Department asked the County Attorney’s Office for guidance in late September and early October 2025 about an ICE request for confidential criminal justice information. She said the county reviews hundreds of records requests each year and checks Montana law before releasing information.

The county attorney’s office reported that ICE sought nonpublic criminal justice information about one person for a civil matter. After reviewing the request, the civil division determined ICE was not acting as a criminal justice agency in that situation under Montana law and advised that a District Court judge should decide whether the information could be released in that case.

"It is important to be clear: 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," Cromwell said.

Cromwell said only the County Commission can set county policy. She also said an email sent during the week of October 2 while she was in trial came from a legal assistant answering a specific question from the Records Department and should not have been treated as policy.

The statement said Montana law treats confidential criminal justice information as private and nonpublic. It can include arrest records, fingerprints, criminal histories and other identifying details not available to the public.

Cromwell said her office reviews each request on its own whether it comes from a federal agency, a state agency, a local agency, the press or the public. She said the office’s job is to follow Montana law and protect privacy rights guaranteed in the state.

"Ultimately, our obligation remains clear, to uphold and protect individuals’ constitutional right to privacy as required by Montana law," Cromwell said.

Cromwell also said she planned to respond further to concerns raised by Attorney General Knudsen.

HELENA, Mont. — Montana Attorney General Austin Knudsen announced he’s demanding that Gallatin County Attorney Audrey Cromwell withdraw a policy that refuses to treat U.S. Immigration and Customs Enforcement (ICE) as a criminal justice agency for sharing confidential criminal justice information.

According to a release by the Montana Department of Justice, Cromwell has until Monday, April 6, to rescind the policy or Knudsen would take what he called immediate action to enforce state law. The office said the dispute centered on an October 2025 email from Cromwell's executive assistant to local law enforcement.

That email said "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)," according to the image provided by the attorney general's office.

Knudsen said the policy was illegal under state and federal law and raised public safety concerns because agencies rely on confidential information sharing to work together. The release also said the policy could violate Montana's ban on sanctuary cities by limiting cooperation with federal immigration authorities.

“In Montana, we support our law enforcement officers and federal agents, like ICE officers, are no exception. County Attorney Cromwell’s policy is a flagrant violation of state and federal law and puts the safety of Gallatin County residents at risk just to make apolitical statement,” Knudsen said. “ICE is very clearly a criminal justice agency that needs access to confidential criminal justice information and keep Montanans safe. Ms. Cromwell does not have the authority to obstruct the cooperation between local, state or federal law enforcement agencies. If she doesn’t rescind the policy immediately, I’m prepared to act,” Knudsen said.

State law defines a criminal justice agency as a federal, state or local government agency designated by law to carry out criminal justice as its main function, according to the release. The attorney general's office said ICE fit that definition because it enforces federal immigration and customs laws under the Department of Homeland Security.

The release also pointed to an earlier disagreement between the two offices. It said Cromwell issued an April 24, 2025 legal opinion advising Gallatin County against an agreement with ICE to hold undocumented immigrants at the Gallatin County Detention Center.

In that opinion, Cromwell wrote the proposed agreement carried constitutional concerns, legal liability and taxpayer costs. She said Gallatin County should not move forward with the detention agreement because of those risks.

“Let me be clear: Montana is not California. This State does not embrace policies that isolate our law enforcement partners or undermine the enforcement of duly enacted federal laws. Montana supports cooperation among all levels of law enforcement, including ICE, to ensure that our communities remain safe and that the rule of law is upheld,” Knudsen wrote.

The Montana Department of Justice also said Knudsen opened a separate investigation in February involving a Helena city resolution that was seen as a possible conflict with the state's anti-sanctuary city law. The release said Helena city commissioners later rescinded that resolution.

The Montana Department of Justice letter to the Gallatin County Commission can be found here.

For more on the Cromwell Opinion, the legal opinion can be found here.

NonStop Local has reached out to Cromwell and Knudsen for comment or a statement.

ORIGINAL COVERAGE: April 2 at 7:05 p.m.