HELENA — The State of Montana has launched an investigation into whether the City of Helena violated the state’s law prohibiting “sanctuary cities.” The investigation comes after the City of Helena passed a resolution on Helena Police policy and the city’s involvement in federal immigration enforcement.
Governor Greg Gianforte, R-Mont., and Attorney General Austin Knudsen, R-Mont., made the announcement on Wednesday during a news conference at the State Capitol.
Specifically, the state is investigating whether the City of Helena violated House Bill 200 from 2021.
"Recent events across the nation have put federal law enforcement officers in difficult situations that have resulted in the loss of life. I'm grateful to President Trump who has fully committed to investigating any tragedy like those we've seen in recent weeks," said Gianforte. "However, these tragedies, no matter how unfortunate, do not give local government the right to ignore laws that have been passed by the state of Montana in 2021."
The law says a state agency or local government can not implement any policy that stops employees or departments from communicating with federal agencies regarding immigration or citizenship status for a lawful purpose. It also states governments must comply with immigration detainer requests if they are lawfully made.
If a government is found to be violating the law, the state could fine them $10,000 every five days, prevent them from receiving new grants from the state, and have their projects with the state re-prioritized. A government in violation can avoid penalties by becoming compliant with the law within 14 days of being notified of the violation.
"This is clearly the city council of Helena thumbing its nose at the Montana Legislature," said Knudsen. "The city of Helena does not like state law. I encourage it to retain counsel, get a lobbyist, come up here to the Capitol during the '27 legislative session and take its best shot at changing the law. In the meantime, we will enforce state law as passed by the Montana Legislature and as signed by the governor."
HB 200 was backed by Republicans and passed with only Republican votes. Gianforte signed the legislation into law on March 31, 2021.
On January 26, 2026, the City of Helena adopted a resolution clarifying when and how the Helena Police Department will cooperate with federal immigration officials. The vote was 4 to 1.
Passage of the resolution has drawn ire from conservative voices in Montana politics and on the national level.
The resolution said the commission supported the Helena Police Department avoiding “committing its resources to federal action for which it has no authority,” such as entering into an agreement with the federal government to directly enforce immigration laws. Under federal law, immigration enforcement is conducted by federal agencies under the Department of Homeland Security. However, under the Immigration and Nationality Act, state and local governments can voluntarily enter into 287 (g) agreements with the federal government that allow them to enforce immigration laws.
The commission further supported HPD’s policy not to stop, detain, or arrest a person solely on suspected violations of immigration law, including assisting other agencies in an arrest based solely on immigration law.
In the resolution, the commission also supported an HPD officer, using their own discretion, requesting the identification and unmasking of a Department of Homeland Security Officer if the HPD officer “feels it will not be interfering with the actions of federal officers exercising their jurisdiction.”
The resolution further supports the City of Helena's policy not to consider immigration consequences in a plea agreement with a defendant.
The commission also supports the City of Helena not disclosing any sensitive information about any person – including immigration status, sexual orientation, or social security number – except as required by law.
The Helena commission seats and the mayor are elected in non-partisan races.
Read the full resolution passed by the City of Helena.
