Helena Commission sends revised immigration resolution to AG for feedback; no reply yet

After rescinding its January immigration resolution under threats of lawsuit last month, the Helena City Commission sent a new draft of the resolution last week to Montana Attorney General Austin Knudsen and asked for his feedback within 14 days.

According to Helena Assistant City Attorney Matthew Petesch, Helena had yet to receive a response to its email as of Monday evening. Knudsen's office confirmed it was in receipt of the new draft.

“We received the letter and we will let you know when we have more to share,” Montana Department of Justice spokesperson Chase Scheuer told the Independent Record on Tuesday.

The new resolution’s preamble addresses multiple complaints Knudsen had about the original resolution and seems to double down on justifying its own legality, saying Helena won’t step on the toes of the Montana Constitution or state law and explicitly stating Helena is not a “sanctuary city.”

It also specifies that it backs the Helena Police Department’s day-to-day interactions, which include the “lawful exchange of information with county, state and federal law enforcement partners” but doesn’t usually include immigration enforcement.

The new draft states Helena values transparent government, “including local law enforcement’s practice to identify themselves, display their badges and identifying information on their uniforms, and perform duties mask-free,” and points out existing Montana law that permits cities to consider immigration consequences during criminal prosecutions.

“As the Resolution’s preamble clearly states, the Resolution was intended to ensure City officials are not commandeered to perform tasks for the federal government which they are not authorized to perform, and also to protect the dignity of Helena’s immigrant communities consistent with governing law,” Helena’s outside counsel Tasha Jones wrote to Knudsen on April 1. “I am sure you would agree these goals are not only lawful, but noble and just. Respectfully, your interpretation of the Resolution is not consistent with its expressed intent, or its explicit language.”

As for the meat of the resolution, most of it is kept the same. But the new version clarifies multiple times that while Helena city employees are recommended not to aid in immigration enforcement beyond what is necessary, they must still follow lawful detainer requests and other commands.

More clearly, there will be times where Helena city employees are required to work with county, state and federal officials on immigration enforcement, the resolution states. However, when there is no legal mandate and helping with immigration enforcement is only optional, the Commission recommends employees keep their resources focused on city issues.

“In the spirit of cooperation, and rather than saddle its taxpayers with attorney fees and litigation costs in defending its position, however right and just, the City has opted to repeal the Resolution,” Jones wrote to Knudsen on April 1. “We invite your input and engagement regarding the proposed revisions.”

The city’s original plan, discussed at the March 26 meeting in which the Commission rescinded its Jan. 26 resolution, was to draft a new version with Knudsen’s input, ideally received by April 15. Mayor Emily Dean said rescinding the resolution was not an admission of mistake, but rather a strategic decision to pause the threat of an expensive lawsuit.

At Monday's City Commission meeting, Petesch told Helena commissioners that Knudsen’s office had not yet replied.

Although the Helena Commission could vote to pass the resolution without Knudsen’s feedback, waiting is a show of good will, City Manager Alana Lake said.

If April 15 passes and Knudsen’s office hasn’t replied, it will be up to the Commission to decide what to do next, including passing the revised resolution as is, Lake said.

Though April 6’s public comment period featured only one speaker urging the Helena Commission to “not give up” on the resolution, the March 26 meeting in which the original resolution was rescinded saw dozens of people calling for the Commission to either pass an edited resolution or not rescind it at all. Many doubted Knudsen would be willing to hash out a new resolution.

Knudsen's office referenced the Helena City Commission's rescission of the resolution on April 2, when he demanded Gallatin County undo an internal decision to block federal immigration authorities from accessing confidential criminal justice information.

In a March 27 statement, Knudsen also called the Commission's recission "the right decision" and said, "This resolution should never have been passed in the first place."

Montana State News Bureau reporter Seaborn Larson contributed to this story.