New Helena immigration resolution stalled as most commissioners' support dwindles

Despite rallying cries from within and outside the Helena City Commission, momentum has stalled on a revised immigration resolution, as a majority of commissioners have publicly said it wouldn’t be worth the legal fight.

Helena has been in the hot seat since April 10, when Montana Attorney General Austin Knudsen declined to work with the city on an amended immigration resolution. The original draft, passed on Jan. 26 and rescinded two months later, sought to keep city employees out of immigration enforcement actions unless compelled by law.

Helena can pursue a second resolution, amended with outside counsel suggestions and ready to withstand scrutiny from the AG, who swore to examine any further resolutions for breach of the state's anti-sanctuary city law, passed during the 2021 Montana Legislature.

But it hasn’t, and despite one commissioner’s pushes to get another draft approved, interest appears to be dwindling from the Commission. City Commissioner Julia Gustafson, a decisive vote in the matter, backed away from the idea at a Monday City Commission meeting.

From her perspective, the resolution was meant to be a statement of values that the Commission can stand behind. She believes those values can still be upheld even if they are not in writing, she said Monday.

One of the most policy-shaping parts of the resolution, which advised the Helena Police Department not to pursue a 287(g) agreement that would allow Immigration and Customs Enforcement to deputize certain officers, does not need Commission action to enforce.

In a previous Independent Record interview, City Attorney Rebecca Dockter said HPD doesn’t actually report to the Commission. Disagreements between the department and the Commission, like entering a 287(g) agreement, would be handled by City Manager Alana Lake.

With no tangible difference made and a lot of risk at play, the resolution didn’t feel worth the time and money, Gustafson said.

“The commission and city have a lot on its plate, and I’ve been thinking a lot about how we balance the needs and requests from our community with budget, time and capacity limitations,” Gustafson told the Independent Record on Wednesday. “I do not believe we should bring an immigration enforcement resolution back to a commission agenda. As I tried to express during Monday’s meeting, I am confident that we don’t need a resolution to say we do not want HPD to enter a 287(g) agreement.”

Those against another resolution

Gustafson joins City Commissioners Ben Rigby and Sean Logan, who had also urged Helena to back down. Rigby is a more recent "no" and Logan has argued against the resolution since it was put to a vote in January.

Rigby said Helena gave a resolution its best shot, but the AG’s pressure wasn’t going to be overcome. He asked what would be accomplished with a “round three and round four.”

“My impression from Monday’s meeting is that the Commission, as a body, does not have an appetite to move forward with another resolution,” Rigby said Wednesday. “The decisions I make are based on what I believe is best for the entire community. I know some people are disappointed, and I respect that. But disagreement does not mean someone was not heard.”

Beyond his worry that the original resolution would pit law enforcement against each other, pointing to a section that pushed HPD to request federal agents identify themselves, Logan said it would be months before Helena would have the time to consider a second resolution.

The meetings in which the first immigration resolution was passed, then rescinded, were each several hours long, sometimes requiring venue changes and backup security. Currently, Helena is undergoing multiple lengthy budget meetings that require intensive staff time behind the scenes.

Logan has also warned the fiscal impact would overstress Helena's budget, ballparking costs so far at $100,000.

“We’ve got a lot of things ahead of us,” Logan said. “I think the Commission tried its best to respond to the public … but in the end, legal difficulties seemed insurmountable.”

Those in favor, and the question of public discussion

Though the Commission has not formally declared it would be ending the discussion, most steps to getting a resolution approved require a majority vote.

The lack of discussion has been a point of contention for City Commissioner Melinda Reed, who has repeatedly pushed for another resolution and public debate of the city’s options.

Gustafson’s, Rigby’s and Logan’s preferences have been openly stated in spite of Dockter’s urging to keep discussion away from public ears.

Though the public is invested, it has already had multiple opportunities to express its opinions, Dockter said on April 29. Further public insight into the city’s next steps risks a potential legal adversary gaining an upper hand in the event the city is involved in litigation over a future resolution.

“That’s legal advice, legal discussion, legal strategy that is not required to be in the public for a conversation,” Dockter said.

It’s also why Mayor Emily Dean, who only said her privately expressed opinion wasn’t agreed upon by the majority of the Commission, has repeatedly said she wouldn’t say her preference in a setting where Knudsen could hear it.

Dean said she’s putting attention on funding more positions for Helena’s “dedicated and woefully understaffed police and fire departments" and pushed for the Commission to work with outside legal counsel on what they want to come next.

“Regardless of the whiplash nature of statewide theatrics, city policies and practices remain the same as they were before and after the original values statement resolution. They have not changed,” Dean said Tuesday. “We do not have a 287(g) agreement with the federal government and immigration actions or enforcement are not the job of local law enforcement. We have enough on our plate with too little funding and too few public safety professionals to address current local needs.”

As of Thursday, Reed has pushed for public discussion of a future resolution three times and brought proposed amendments for consideration. The amendments were rejected by three of five commissioners on Monday.

“I believe we are using the cover of litigation strategy to avoid a real conversation on the resolution, local control and where we go from here,” Reed said Wednesday.

Even if the Commission officially decides against a future resolution, Reed said the public should know why. She said keeping Helenans out of discussions only further erodes residents’ trust in the city, pointing to multiple public comments that have called the Commission cowards and said it was betraying its previously stated values. Other comments, including those from legal experts, said Helena had a shot to prove Knudsen's interpretation of state law wrong.

Reed also disagreed with opposition's concerns over money and staff impacts, saying money for legal battles was previously budgeted.

“Like it or not, what I’m seeing right now is people being ruled by fear,” Reed said of the Commission. “This will be a defining moment for Helena and its public trust.”

What comes next?

Though most of the Commission is against another resolution, Helena is still eligible to give it a second try any time, Dockter previously said.

Reed pledged to keep bringing ideas to the Commission. To her, the resolution symbolizes a question of local control, and passing a second resolution is needed to show Knudsen can't push Helena around.

However, some Commissioners feel the issue is settled.

The public who pushed for the resolution will feel upset and unsatisfied, Logan said, but there were also commenters against it. He said he didn't feel the Commission was trying to hide, but was instead responding with caution.

"Time will tell," he said of the public impact. "It's a pretty unique situation."

Gustafson acknowledged that a lot of commenters want the situation to feel resolved, especially with an amended resolution publicly sent to Knudsen but not discussed by the Commission.

"I would like Helena residents to know that I’ve listened deeply to their comments and I appreciate everyone who takes time to come to a meeting or to send in comments," Gustafson said.

"This discussion had started before I was elected," Rigby said. "The Commission listened to the community, heard a lot of public comment, and made a real effort to pass a resolution that reflected community values. Not everyone agreed with the outcome, and I understand that. But I do believe the body listened and gave it an honest effort."

As for Dean, she recommended her fellow commissioners speak with their outside legal counsel if they've changed their minds on the best plan of action. The Commission would act if there was consensus, she said.