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Bill Requiring Police to Honor Federal Immigration Requests Draws Opposition

Montana Republican Rep. Bill Mercer presents House Bill 223 to the House Judiciary Committee on Jan. 27, 2021.
Kevin Trevellyan
/
Yellowstone Public Radio
Montana Republican Rep. Bill Mercer presents House Bill 223 to the House Judiciary Committee on Jan. 27, 2021.

A Montana lawmaker introduced a bill Wednesday that would require local law enforcement officers to honor requests from federal immigration agencies to detain undocumented immigrants.

Republican Rep. Bill Mercer of Billings said he brought forward House Bill 223 after the Montana Supreme Court ruled last year that no state or federal law allows local law enforcement to arrest people accused of violating federal immigration law.

“If you are going to have robust immigration enforcement in the United States, you have to have local law enforcement officials, and in this case also detention officers, have the authority to hold,” Mercer says.

The bill would provide that authority and go a step further to force a local officer to detain an individual already arrested for a different violation until federal authorities can take custody.

One person testified in favor of House Bill 223 while four groups opposed it, including the ACLU of Montana, Montana League of Cities and Towns and Montana Coalition Against Domestic and Sexual Violence.

Opponents said the mandate would potentially make immigrants afraid to report crimes and present liability issues if someone is arrested without due process.

The House Judiciary Committee hasn’t yet scheduled a vote on House Bill 223.