Attorney General Knudsen demands Gallatin County Attorney rescind policy refusing to recognize ICE as law enforcement

HELENA – Attorney General Austin Knudsen is demanding Gallatin County Attorney Audrey Cromwell rescind her unlawful policy refusing to recognize U.S. Immigration and Customs Enforcement (ICE) as a “criminal justice agency” and share confidential criminal justice information (CCJI) with them. The policy puts the safety of Gallatin County residents at risk and undermines law enforcement operations to crack down on illegal immigration in Montana.

The cease-and-desist letter sent today follows an October 2025 email sent by Cromwell’s executive assistant to local law enforcement informing them that “the Gallatin County Attorney’s Office does not legally recognize Immigration and Customs Enforcement (ICE) as a law enforcement agency entitled to receive Confidential Criminal Justice Information (CCJI).”  The email goes on to explain that ICE is only entitled to public documents. Not only is the policy illegal under state and federal law, but it also raises serious public safety concerns as CCJI sharing is a critical component of effective law enforcement cooperation.

Cromwell has until Monday, April 6, to rescind the policy or Attorney General Knudsen will take immediate action to ensure state law is followed.

“In Montana, we support our law enforcement officers and federal agents, like ICE officers, are no exception. County Attorney Cromwell’s policy is a flagrant violation of state and federal law and puts the safety of Gallatin County residents at risk just to make apolitical statement,” Attorney General Knudsen said. “ICE is very clearly a criminal justice agency that needs access to confidential criminal justice information and keep Montanans safe. Ms. Cromwell does not have the authority to obstruct the cooperation between local, state, or federal law enforcement agencies. If she doesn’t rescind the policy immediately, I’m prepared to act.”

Email from Cromwell’s office describing immigration policy

Montana law states that a “criminal justice agency” includes any federal, state or local government agency designated by statute to perform, as its principal function, the administration of criminal justice. ICE falls squarely into that category as it’s charged with enforcing federal immigration and customs laws under the U.S. Department of Homeland Security. Additionally, ICE officers are authorized to investigate, apprehend, detain, and remove individuals who violate federal immigration law.

Cromwell’s policy could also be a potential violation of Montana’s law banning sanctuary cities as it appears to limit cooperation with federal immigration authorities. Montana law does not allow local jurisdictions to adopt policies that obstruct or materially hinder cooperation with federal law enforcement. Additionally, by refusing to share criminal justice information with ICE the policy creates barriers for law enforcement to do their job and keep Montana communities safe.

“Let me be clear: Montana is not California. This State does not embrace policies that isolate our law enforcement partners or undermine the enforcement of duly enacted federal laws. Montana supports cooperation among all levels of law enforcement, including ICE, to ensure that our communities remain safe and that the rule of law is upheld,” Attorney General Knudsen wrote.

This is not the first time Cromwell has attempted to undermine efforts to crack down on illegal immigration in Montana. Last year, she issued a flawed legal opinion recommending the Gallatin County Commission refuse to enter into an intergovernmental services agreement with ICE to hold illegal immigrants at the Gallatin County Detention Center until they could be transported for hearings in front of immigration judges. Attorney General Knudsen then sent a letter to the commissioners urging them to ignore her opinion and partner with ICE to detain dangerous criminals in the United States illegally.

In February, Attorney General Knudsen also launched an investigation into the City of Helena after city commissioners passed a resolution that was in potential violation of Montana’s anti-sanctuary city law. Helena City Commissioners recently rescinded the resolution.