Montana AG shoots down Helena’s request for feedback on immigration resolution

Montana Attorney General Austin Knudsen shot down Helena’s request to collaborate on a revised immigration resolution on Friday and said he would review any resolution the City Commission passes in the future to determine whether it passes legal muster.

“Although I appreciate the City’s offer to work together on its next foray into immigration matters, it rests upon a fundamental misunderstanding about Montana law and the role of the Attorney General,” he wrote April 10. “So let me take this opportunity to disabuse the City (and other localities) of the notion that compliance with Montana’s anti-sanctuary city law is a collaborative enterprise.”

In response, City Manager Alana Lake confirmed Helena had received the letter and said the city would "remain focused on what matters most: delivering safe neighborhoods, reliable services and responsible stewardship of public resources."

"We believe Montanans are best served by cooperation, clarity and mutual respect across all levels of government," Lake said. "Complex issues deserve thoughtful solutions, grounded in public safety and community trust. The city will continue to move forward with transparency, accountability and a steady commitment to serving all the people of Helena."

After rescinding its January immigration resolution under threats of a lawsuit from Knudsen last month, the Helena City Commission sent a new draft of the resolution to Knudsen on April 1 and asked for his feedback within 14 days.

The city’s original plan, discussed at the March 26 meeting in which the Commission rescinded its Jan. 26 resolution, was to draft a new version with Knudsen’s input, ideally received by April 15.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.

The new draft keeps the majority of the original resolution intact, but adds multiple phrases that spell out Helena isn’t a sanctuary city and that it won’t forbid city employees from following lawful requests from state and federal officials.

In his response Friday, Knudsen said it was “disheartening and disappointing” Helena was “keeping violent criminals in our community” instead of focusing on city services.

He went on to reference Independent Record reporting of an undocumented Honduran man who was charged with felony assault with a weapon after allegedly swinging a knife at someone on April 2.

In that story, Lewis and Clark County Sheriff Leo Dutton, who is not a city of Helena employee, said the Honduran man would not be given to federal immigration officials and would instead remain in county custody.

Knudsen’s letter comes just over a week after he issued a cease-and-desist letter to Gallatin County, demanding it undo an internal policy that restricted U.S. Immigration and Customs Enforcement from having access to confidential justice records.

Knudsen also issued a warning to Helena officials in Friday's letter that any further resolution that gets adopted will also face his scrutiny.

“Should the City choose to waste additional taxpayer resources by adopting another ordinance, my office will evaluate that policy for compliance with state law,” Knudsen said.

Editor's note: This story has been updated to include Helena's response, more information from the letter and events Knudsen referenced within.