Lewis and Clark County MT — Helena sanctuary city resolution passed then rescinded under AG threat
The Fight
Helena became the center of Montana’s immigration enforcement battle in early 2026. After months of public organizing, the Helena City Commission voted on January 26, 2026 to approve a resolution restricting local police from cooperating with ICE. The resolution:
- Ordered Helena PD not to sign a 287(g) agreement with ICE
- Directed police to ask ICE agents to remain unmasked and identify themselves
- Instructed officers to “avoid” assisting federal authorities with immigration enforcement
The resolution drew overwhelming public support but immediate backlash from the state.
State Response and Escalation
February 11, 2026: Governor Greg Gianforte and Attorney General Austin Knudsen announced a formal state investigation into Helena for potential violations of Montana’s law banning “sanctuary cities.”
March 11, 2026: AG Knudsen issued a cease-and-desist letter, demanding changes within 15 days or face a lawsuit. Under Montana law, a city found violating the sanctuary ban faces:
- $10,000 fines every five days
- Loss of eligibility for new state grants
- Re-prioritization of state-funded projects
March 27, 2026: After 5+ hours of public comment, the commission voted 4-1 to rescind the resolution, citing legal and budgetary risk. AG Knudsen then closed the investigation.
April 6-7, 2026: The city attorney presented a new, narrower draft resolution attempting to address Knudsen’s specific legal objections while preserving some protections.
Why This Matters
Helena is the template case for state preemption of local immigration policy in Montana. The fight demonstrates the enforcement mechanism: Montana’s anti-sanctuary law, combined with aggressive AG action, can crush local resistance within two months. The pattern – pass, investigate, threaten fines, rescind – is now established and will likely deter other Montana cities from attempting similar resolutions (as it already has in Missoula). This also reached national coverage in the Washington Post.
Related: Helena Immigration Arrest
In July 2025, Montana Free Press reported on an immigration arrest in Helena that family members and residents called a “mistake,” further fueling the grassroots movement that led to the commission resolution.
Sources
- Helena commission votes to restrict local police work with ICE — Montana Free Press (Jan 2026)
- Governor, AG open investigation into potential ‘sanctuary city’ violations in Helena — Daily Montanan (Feb 2026)
- Montana AG issues cease and desist over Helena immigration resolution — Daily Montanan (Mar 2026)
- Inside Montana’s conflict with its capital city over immigration enforcement — Washington Post (Mar 2026)
- Helena city commission scraps immigration resolution, citing legal risk — Montana Free Press (Mar 2026)
- Helena responds to AG’s sanctuary city cease-and-desist letter — Daily Montanan (Apr 2026)
- City takes another swing at immigration resolution — Montana Free Press (Apr 2026)
- The mistake behind a Helena immigration arrest — Montana Free Press (Jul 2025)