Montana AG Austin Knudsen warns Gallatin County about its ICE sharing policy

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FIRST ON FOX: Montana’s attorney general wants the state to reverse a policy its top law enforcement officer denies Immigration and Customs Enforcement access to criminal justice data, warning the position is illegal and undermines cooperation with law enforcement, as a top local official backs down.
Montana closed sanctuary cities under the pen of Gov. Republican Greg Gianforte in 2021, and that policy also allows Attorney General Austin Knudsen to enforce law enforcement and investigate suspected misconduct under threat of civil action against any state agency or local or state government.
Knudsen informed Gallatin County — reinforced by the city of Bozeman — that its policy stance is “legally incorrect” and that Big Sky Country is not Big Sur.
“Let me be clear: Montana is not California. This state does not accept policies that alienate our law enforcement partners or undermine the effective enforcement of federal law,” Knudsen wrote to Gallatin County Attorney Audrey Cromwell.
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An ICE agent is patrolling PHL in Tinicum Township, Delaware County. (Matthew Hatcher/Getty Images)
When asked about claims his district does not recognize ICE as a criminal justice agency eligible for confidential criminal justice information (CCJI), Cromwell said such a claim is inaccurate.
When presented with the text of an email sent by his assistant to district attorneys that states the Gallatin County District Attorney’s Office “does not legally recognize Immigration and Customs Enforcement (ICE) as a law enforcement agency with jurisdiction to obtain Confidential Criminal Information (CCJI),” Cromwell’s office responded a few hours later that the law’s policy is meaningless. The district prohibits cooperation with ICE or any federal agency, and there is no policy against sharing information.”
“The County Commission, not the County Attorney’s Office, is the only governing body that has the authority to establish county policy,” Cromwell’s office said.
“In a special case disclosed by the Department of Records in September, ICE requested a non-civil CCJI regarding an individual in a civil matter. After legal review, the civil division of the District Attorney’s Office determined that ICE, in this context, was not acting as a ‘criminal justice agency’ under Montana’s CCJI statutes because the request was non-civil and inconsistent with the statute,” the legal statement added. the email in question should not be considered a “policy.”
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In his warning to Cromwell, Knudsen wrote that “Montana supports cooperation between all levels of law enforcement, including ICE, to ensure public safety and uphold the law.”
“I am writing in response to your office’s determination to do so [ICE] it is not a ‘criminal justice organization’ that has the right to accept the CCJI outside the jurisdiction of the court. Your policy is legally invalid and inconsistent with both Montana law and federal governing laws. “Montana law defines the term ‘criminal justice agency’ as a matter of law—not local discretion,” he wrote, adding that it is not up to a single prosecutor to make that call.
An October email from a Cromwell aide to two county law enforcement officials, obtained by Fox News Digital, described the policy that drew Knudsen’s ire.
“Hello [officials]I am writing to inform you that the Gallatin County District Attorney’s Office does not legally recognize Immigration and Customs Enforcement (ICE) as a law enforcement agency with jurisdiction to obtain Confidential Criminal Justice Information (CCJI).
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“Accordingly, ICE is not authorized under Montana law to access the CCJI without a court order.”
“Therefore, ICE is only entitled to access public documents. All other requested documents must be processed as a regular CCJI request,” the email read.
When asked about the reported policy, Cromwell told Fox News Digital “that report is inaccurate.”

ICE Homeland Security Investigations (HSI) agents confronted a suspected MS-13 gang member and a Honduran immigrant after arresting him at his home. (John Moore/Getty Images)
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Knudsen said in his letter to Cromwell on Thursday that Montana’s legal definition of a criminal justice agency is intentionally broad to include state agencies where appropriate and that ICE “clearly meets that definition.”
He went on to tell Cromwell that state law allows for an expansion of the definition of “law enforcement agency” rather than a ban and that Gallatin’s position jeopardizes public safety because ICE must be able to share information to keep the public safe.
Knudsen also accused the district in the letter of implementing the policy as a “deliberate attempt to limit cooperation with immigration authorities while avoiding overt recognition.”
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“Such an approach is akin to a ‘sanctuary’ policy, if not in name,” he said, noting Gov. Greg Gianforte’s ban on sanctuary cities.
Knudsen then gave Gallatin until Monday to take corrective action and tell him that through Solicitor General Christian Corrigan – the state’s chief prosecutor – and preserve all documents and letters related to the policy.

Montana Attorney General Austin Knudsen speaks during a Donald Trump rally. (Michael Ciaglo/Getty Images)
Knudsen has been involved in a number of national issues, including working with West Virginia Attorney General JB McCuskey to challenge the inclusion of a controversial chapter on climate change in the state judge’s scientific evidence manual.
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Montana’s capital city, Helena, also reportedly withdrew its non-cooperation status with ICE following legal threats from Knudsen’s office.
The move came after city commissioners heard an analysis from outside attorneys that Helena could face thousands of dollars in fines every five days if it is found to be in violation of the state’s ban on sanctuary laws, according to Montana Public Radio.
ICE has continued to face political and, at times, physical attacks amid the Trump administration’s mass deportation agenda, with an increase in the number of attacks and threats against ICE and CBP agents, according to information shared with Fox News Digital by the Department of Homeland Security (DHS).



