Gallatin County pauses ICE agreement as lawsuit continues

BOZEMAN, Mont. — Gallatin County put its agreement with Immigration and Customs Enforcement on pause as a court case over the program continued. 

Gallatin County District Judge Rienne McElyea put a pause on the 287(g) program while litigation continues between the citizen group who filed the suit and the county. 

The suit names the Gallatin County Commission and Sheriff as defendants. 

According to ICE, the 287(g) program allows local law enforcement to perform ICE duties, like making immigration arrests and holding suspects for ICE pickup. There are variations of how this program is practiced in different jurisdictions. 

In Gallatin County, the practice of holding inmates for ICE dates back to 2020, when the sheriff at the time signed the agreement. More recently, the citizen group of Gallatin County residents challenged the practice in court. 

Sue MacGrath, one of the plaintiffs, argues the program violates due process. 

"Most of them only have been charged with misdemeanors. Super important to know. They haven't had a hearing and they haven't been convicted of anything, only been charged and they're whisked away to other states,” she said. 

MacGrath and other plaintiffs argued the agreement was never valid because the county commissioners did not sign it. 

"There is a statute, the state statute that says the county has to sign off on these because they actually own the jail," MacGrath said, referring to Montana Code Annotated 7-32-2242. 

MacGrath said her hope is either the judge rules in their favor and determines the agreement is illegal, or the county commission votes to end the agreement. 

Judge McElyea agreed to pause the agreement. However, Gallatin County Sheriff Dan Springer said detention center operations ultimately will not change. 

Sheriff Springer said Montana law requires local law enforcement to hold inmates for ICE when asked, even without a separate agreement in place, referring to Montana Code Annotated 27-16-801. 

"I think that's important for the public to recognize and we will continue to cooperate with our federal partners. We are required by statute. Plus, it's also the right thing to do," he said. 

The lawsuit remains active after the pause. The judge's order said both sides must submit more information before she could rule on the case. 

NonStop Local reached out to Gallatin County Attorney Audrey Cromwell and the Gallatin County Commissioned, and both declined to comment. Sheriff Springer declined to comment on the suit itself, only sharing information on detention center operations and state law.