'The agreement is void': Plaintiffs challenge Gallatin County ICE pact

Gallatin County Attorney Audrey Cromwell requested that a 2020 agreement between the county and U.S. Immigration and Customs Enforcement go to a vote before County Commissioners after July 1, during a hearing at the Gallatin County Justice Center.

Cromwell represents defendant County Commissioners Zach Brown, Jennifer Boyer, and Gallatin County Sheriff Dan Springer.

The July timeline ensures there is a third commissioner to prevent a split vote, per Cromwell, from the Order to Show Cause hearing at the Justice Center on Thursday, with District Judge Rienne H. McElyea presiding.

“I want to be clear that the county is still mandated to follow all state laws,” Cromwell said, citing Montana Code Annotated 27-16-801. The law requires public safety officers to arrest and detain people already in custody if they receive a federal immigration detainer request from agencies like ICE or the U.S. Department of Homeland Security. The law largely prohibits Montana state and local governments from adopting “sanctuary” policies restricting federal immigration enforcement cooperation.

Gallatin County Sheriff Dan Springer agreed not to operate under the 287(g) agreement until the commissioners make a final decision, per Cromwell.

On January 22, 2020, Gallatin County and U.S. Immigration and Customs Enforcement entered into the ICE enforcement agreement.

Dubbed the Warrant Service Officer program, ICE trains, certifies, and authorizes county detention center staff to serve and execute administrative immigration warrants, enabling local law enforcement to hold designated undocumented individuals in county facilities for 48 hours maximum.

This agreement is the subject of an April 28 lawsuit filed by Gallatin County residents Julia Shaida, Tegan Bauer, Erin Levy, and Susan McGrath.

Individually and on behalf of the citizens of Gallatin County, the plaintiffs filed the complaint challenging the legality of the agreement on the grounds it is void because the county commissioners never consented to it.

Cromwell agreed that the agreement was never ratified by the Board of County Commissioners during the May 28 hearing.

Detention staff have not carried out any warrants after May 2025, according to Cromwell. Gallatin County Detention Sergeant Michael Flohr, who died in a Broadwater County hunting accident in November, was the only remaining staff member to undergo ICE certification, gaining clearance to execute the warrants.

“Since then, there have been no other detention staff trained to serve the warrants,” Cromwell said.

Following Cromwell’s testimony, the plaintiffs, represented by attorney Christopher Gray, called for the ICE agreement to be voided rather than put to a vote in July.

“The 287(g) agreement was entered into in 2020 and never consented to by the Gallatin County Commission,” Gray said. “The agreement is void because the proper parties did not enter into the agreement. You need consenting parties capable of consent to form a contract. The county was never properly constituted as a party under state statute.”

Gray said he was not aware of Cromwell’s proposal to put the ICE agreement to vote until 3 p.m. Wednesday, a non-standard practice.

“Normally, the way it would work is the (opposition) would give you their position in advance so you could respond to it in time for the hearing,” Gray said. “Normally, a judge would give you deadlines.”

McElyea ordered a written briefing from the defense to be filed by June 4, a response from the plaintiffs by June 15, and proposed orders from both parties by June 19. From there, the court can evaluate the filings before determining proceedings.