Helena, Montana, is facing a state legal challenge over its approach to federal immigration enforcement, with state officials arguing that a January city resolution conflicts with state law and city leaders preparing for a public discussion on whether to modify the policy. The dispute sharpened this month after Montana Attorney General Austin Knudsen said the state was investigating the city and threatened to sue over Helena’s refusal to help federal immigration authorities.
Speaking during a Feb. 11 press conference with Gov. Greg Gianforte, Knudsen accused Helena of violating a Montana law that bars municipalities from giving refuge to undocumented immigrants. Knudsen framed the controversy around a resolution the city commissioners adopted in January, which declared that the city would not assist federal immigration agents and would not partner with U.S. Immigration and Customs Enforcement, according to the report.
Knudsen said “The city of Helena does not make state law,” and he warned Helena not to “thumb[] its nose at the Montana Legislature.” He told reporters that if the city disagreed with state law, officials should “retain counsel, get a lobbyist” and take their case to the Capitol during the 2027 legislative session, as described in the account of the press conference.
City officials moved to respond to the pressure and the legal threat. Helena Mayor Emily Dean said on Monday that she has invited Knudsen to discuss the resolution with the city, the report said. A special meeting to consider possible changes to the city’s resolution was scheduled for Thursday, March 26, at 5:30 p.m. at the Helena Civic Center.
The city attorney, Rebecca Dockter, drew attention earlier in the dispute when, during commissioners’ discussions, she told them Helena must “consider its options, including the option of rescinding the resolution itself,” according to the account. The report described a growing public debate in Helena, with residents pressing officials about whether and how to adjust the January resolution.
The resolution itself directs Helena police not to enter into partnerships with ICE and says the city will not disclose a person’s place of birth, immigration status, or national origin except when required by law or upon a valid court order. It also affirms that Helena police will not stop, investigate, detain, or arrest anyone based on immigration status or suspicion of violating immigration law. In addition, the measure calls on Helena police to “request” that federal immigration officers remove masks and identify themselves when making such requests would not interfere with federal prerogatives, the report said.
The conflict also has roots in a high-profile arrest and subsequent community organizing earlier last year, the report recounted. In July, residents became involved after a friend told organizer Lily Clarke that a brown man was taken away “by unmarked people in an unmarked vehicle.” That man, Christopher Martinez Marvan, had been stopped by Helena police for driving with expired license plates, and federal immigration authorities arrived at the scene, according to the report’s timeline.
Clarke and other local organizers worked to understand what happened and how to respond. The report described court documents and body camera footage showing a Helena police officer telling a colleague that the man “’s being kidnapped right now” while federal agents questioned and then took Martinez Marvan into custody, according to the account. It also described outreach at locations including the county courthouse, the county jail, and the Helena Police Department.
Supporters of Helena’s resolution connected the city’s stance to concerns about local policing discretion and community impact as federal immigration enforcement activity expanded across the country. Activists, officials, and lawyers told Montana Free Press that the fight has become about more than individual arrests, and instead reflects who gets to set law-enforcement priorities at the local level.
The dispute is also grounded in state oversight backed by penalties. The report said the 2021 Montana law invoked by Knudsen prohibits state agencies and local governments from “enacting or enforcing certain policies concerning citizenship and immigration,” and it requires the attorney general to monitor compliance and investigate complaints. The law includes a $10,000 penalty against cities for every five days of noncompliance, and it authorizes a civil action if the attorney general finds the city is not complying, the report said.
Some supporters of the state law in 2021 argued it was intended to keep communities safe by preventing “sanctuary cities” from expanding. The report also said Montana Democrats and Republicans have sharply diverged on the Trump administration’s deportation and arrest approach, and that officials elsewhere in the state were watching Helena closely as an example for other cities.
Among those weighing in, Marc Racicot, a former Republican Montana attorney general and governor, said the conflict reflects a nationwide pattern of jurisdictional disputes among federal, state, and local governments and called the state’s public investigation “political theater.” In the report, Racicot suggested the dispute is about control over authority and influence at the statehouse level, while Bozeman Mayor Joey Morrison said the public announcement could send a message aimed at discouraging similar resolutions in other towns.
As Helena prepares for its March 26 meeting, Knudsen and Gianforte declined to comment on the dispute beyond pointing to their prior public statements, citing the ongoing investigation. Helena’s city attorney, mayor, police chief, and several commissioners also declined comment, according to the report, citing the potential for a legal battle with the state.