Montana — 287(g) expansion, state preemption of local resistance, revenue-dependent detention
Montana is a case study in state-level enforcement escalation vs. local resistance – and the state is winning. Attorney General Austin Knudsen has used Montana’s anti-sanctuary law, a statewide 287(g) agreement, and new legislation to systematically expand immigration enforcement while crushing city-level opposition in Helena, Missoula, and Gallatin County.
The 287(g) Architecture
Montana has four distinct 287(g) agreements as of early 2026:
| Agency | Model | Since | Notes |
|---|---|---|---|
| Montana DOJ (Highway Patrol + DCI) | Task Force | Feb 2025 | AG Knudsen signed; troopers can arrest, detain, process |
| Flathead County Sheriff | Warrant Service Officer | 2020 | Re-signed 2020; jail-only, Sheriff Brian Heino |
| Gallatin County Sheriff | Warrant Service Officer | ~2021 | 5-year agreement; ICE reviews bookings |
| Garfield County Sheriff | Task Force | Aug 2025 | Undersheriff Aaron Conner; 4,800 sq mi eastern MT county |
Key distinction: The state-level DOJ agreement is a Task Force Model, meaning Highway Patrol troopers can conduct immigration enforcement during routine duties (e.g., traffic stops). This is far more aggressive than the Warrant Service Officer model used by Flathead and Gallatin.
Pending: Cascade County (Great Falls) was listed as pending for 287(g) in 2025 but has not appeared on ICE’s public list.
State Legislative Expansion
House Bill 278 (signed May 2025): Allows police to check a driver’s immigration status during a traffic stop if they have “reasonable suspicion” the person is in the U.S. illegally and is suspected of a crime. This effectively gives all Montana law enforcement immigration screening power at the point of a traffic stop.
The Preemption Playbook
AG Knudsen has established a clear pattern for crushing local resistance:
Helena (Jan-Mar 2026): City commission passes resolution restricting police/ICE cooperation -> AG opens investigation -> cease-and-desist with threat of $10K/5-day fines -> commission rescinds 4-1 after two months.
Gallatin County (Oct 2025-Apr 2026): County attorney issues legal opinion restricting ICE records access -> AG demands rescission by deadline -> county attorney clarifies no formal policy, seeks AG opinion.
Missoula (Jan-Mar 2026): Council member drafts ICE restriction resolution -> can’t find co-sponsors -> proposal dies. The Helena precedent already deterring action.
Montana’s anti-sanctuary law (MCA 7-32-4734) provides the enforcement mechanism: $10,000 fines every five days, loss of state grants, project de-prioritization.
Enforcement Operations
- Bigfork worksite raid (Mar 2025): ICE HSI + Border Patrol detained 17 undocumented immigrants at a construction site in Flathead County. Local sheriff was not involved or notified.
- Gallatin County gang arrests (early 2025): ICE arrested 6 alleged Tren de Aragua members.
- Helena arrest (Jul 2025): Immigration arrest that residents and family called a “mistake”; helped catalyze grassroots movement.
- Northwest Montana (2025): Border Patrol detained 135+ people in the region, with 11 having non-immigration criminal charges.
- Regional trend: ICE arrests in the Salt Lake City area of responsibility (covering UT, NV, ID, MT) tripled from 250/month (Dec 2024) to 740/month (May 2025).
Community Resistance
Despite the state’s preemption success, Montana saw significant protest activity:
- Jan 25-26, 2026: Thousands protested across Montana after ICE killing of Alex Pretti in Minneapolis. 1,000+ in Missoula, hundreds in Bozeman.
- Jan 29, 2026: Helena High School students planned anti-ICE protest, cancelled after a “fireworks-and-gasoline device” was found.
- Jan 30, 2026: Montana businesses in Missoula, Helena, Livingston, Bozeman closed for national strike against ICE.
- Mar 28, 2026: “No Kings” rallies – 1,500+ at Helena Capitol, 3,500+ in Missoula.
The Detention Bottleneck
Montana has only one facility that can hold ICE detainees long-term: the Cascade County Detention Center in Great Falls. This creates a structural chokepoint. The jail relies on federal detainee revenue for 70%+ of its $14M budget. Sheriff Slaughter is pushing for a direct ICE contract at $150/day (vs. $115/day CBP rate). See: cascade-county-detention-center-mt.
Heatmap Counties Without Direct Findings
The following heatmap-flagged counties had no specific 2025-2026 ICE activity found in web searches: Dawson (30021), Rosebud (30087), Toole (30101), Phillips (30071), Pondera (30073), Big Horn (30003). Their heatmap scores (42 each) appear driven by existing IGSA and 287(g) signals rather than active enforcement or facility activity.
Sources
- Breaking down Montana’s immigration enforcement partnerships — Explore Big Sky (2026)
- Where Montana cities stand on ICE and immigration enforcement — Montana Free Press (Feb 2026)
- Attorney General Knudsen signs agreement with Trump Administration — MT DOJ (Feb 2025)
- Mountain West law-enforcement agreements with ICE rose fivefold in 2025 — KSUT (Dec 2025)
- Montanans turn out en masse to protest ICE killings — Montana Free Press (Jan 2026)
- Montana businesses close for national strike — Montana Free Press (Jan 2026)
- Fireworks-and-gasoline device cancels Helena student protest — Montana Free Press (Jan 2026)
- No Kings protests across Montana — Montana Free Press (Mar 2026)
- ICE detains 17 in Bigfork — KRTV (Mar 2025)
- Border Patrol detained 100+ in NW Montana in 2025 — Daily Inter Lake (Feb 2026)
- Local immigration enforcement system working, officials say — Montana Free Press (Mar 2025)
- ICE arrests of unauthorized immigrants triple across western states — Deseret News (Jul 2025)