Montana Gov. Greg Gianforte and Attorney General Austin Knudsen have opened an investigation into whether Helena’s recent resolution limiting local cooperation with federal immigration authorities violates SB 200, the state’s ban on sanctuary jurisdictions. The law allows civil enforcement and fines for jurisdictions found in violation, and state leaders say the probe is intended to deter similar actions statewide. Helena officials maintain the resolution was legally vetted and said they have not yet received formal notice of enforcement. The inquiry highlights friction between state immigration policy and local policing practices.
Montana Launches Probe Of Helena After City Limits ICE Cooperation Under SB 200
Montana governor launches sanctuary crackdown, probes capital city over ICE limits
Montana Gov. Greg Gianforte and Attorney General Austin Knudsen have opened a formal inquiry into whether the Helena City Commission’s recent resolution limiting cooperation with federal immigration authorities violates the state’s ban on sanctuary jurisdictions under SB 200.
The state law, SB 200, authorizes civil enforcement and fines against jurisdictions found to be in breach. Gianforte said the investigation — which will begin with Helena — is meant both to examine the commission’s action and to send a clear message to local governments across Montana that noncompliance with state law will carry consequences.
"In Montana, we don’t tolerate defiance and we support our law enforcement officers," Gianforte told Fox News Digital, adding he has "serious concerns" about the resolution’s compatibility with state law.
State officials contend the Helena resolution directs local officers not to assist other agencies or to detain or stop individuals based on suspected immigration status — steps Gianforte characterized as an attempt to obstruct federal operations. In his letter to Knudsen requesting cooperation, Gianforte cited SB 200’s enforcement tools and framed the issue within broader federal immigration priorities.
Knudsen told the Flathead Beacon that Helena appears to be "thumbing its nose to the Montana Legislature" and urged city leaders to retain counsel and advisers to respond to the inquiry. He said the attorney general’s office will focus its initial investigation on Helena, though local reporting has noted scrutiny of other cities including Missoula.
Montana Republican Governor Greg Gianforte speaks at the ceremony to honor the four airmen killed in a 1962 B-47 crash at 8,500 feet on Emigrant Peak, on July 24, 2021, in Emigrant, Montana.(Getty Images)
A Helena city spokeswoman told reporters the city had not yet received formal notification from the governor’s office and said the resolution was drafted "with careful consideration of applicable local, state, and federal law". She added that the city believes the resolution complies with legal requirements and that Helena remains committed to upholding all applicable laws.
What This Means
If the attorney general’s review finds Helena in violation of SB 200, the state can pursue civil action and fines under the statute. The inquiry underscores the ongoing tensions between state officials seeking uniform enforcement of immigration-related policies and local governments that say they must balance community policing priorities and legal obligations.
Local officials in Missoula have said the city is not a sanctuary jurisdiction and that police generally do not ask about immigration status during routine public interactions, highlighting differences among Montana municipalities in how they approach cooperation with federal immigration authorities.
Next Steps: The attorney general’s office will conduct a formal review of Helena’s resolution and determine whether to pursue enforcement under SB 200. Helena officials may respond with legal counsel should the state initiate civil proceedings.
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