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Update: Montana Attorney General accuses Gallatin County of withholding information from ICE

Gallatin County Justice Center
Ruth Eddy
/
Yellowstone Public Radio
Gallatin County Justice Center

Updated: April 6, 2026

Gallatin county’s attorney is asking for a formal legal opinion on privacy laws and what information counties can and cannot share with federal agencies.

In a news release Monday, Gallatin County Attorney Audrey Cromwell responds to a letter attorney general Austin Knudsen sent last week demanding the county cooperate with ICE.

Cromwell says her office denied a specific request from ICE a few months ago, but a countywide policy Knudsen refers to does not exist. She says ICE needed protected information for an administrative, non-criminal matter, and the county declined because of privacy laws.

She asks the AG for a binding legal opinion. She says it will clarify whether counties can share private, non-criminal information with federal agencies outside of a court order and says it will be useful to all Montana counties in positions like this.

A spokesperson with the attorney general says the office is reviewing the response to determine any necessary next steps.

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Montana’s attorney general is calling for Gallatin County to cooperate with U.S. Immigration and Customs Enforcement, more commonly known as ICE. It’s part of a continuing effort to get local governments to comply with federal agents.

Attorney general Austin Knudsen sent a cease and desist letter to the Gallatin County attorney office Thursday demanding the county withdraw a policy preventing ICE from accessing the same confidential information as police and other law enforcement agencies. Gallatin county attorney Audrey Cromwell says there is no such policy.

In a news release Thursday, Cromwell says the county attorney’s office denied a specific request last September from ICE for confidential records in a civil case. She says the county reviews each request individually and the decision is not part of a countywide policy.

According to the state, a “sanctuary city” law passed in 2021 requires local governments to cooperate with ICE. Last week, the City of Helena rescinded a resolution limiting police cooperation after the attorney general and governor launched an investigation into the matter.

Kayla writes about energy policy, the oil and gas industry and new electricity developments.