GALLATIN COUNTY, Mont. — A recent debate over immigration enforcement in Gallatin County isn’t about what might happen next — it’s about what happened years ago.
“Community is all about protecting community and protecting the people we live with,” said Kay LaFrance, co-leader of Indivisible Bozeman, a local activist group.
WATCH: Gallatin County's 2020 ICE agreement sparks lawsuit and debate over commissioner approval
When did she first learn about Gallatin County’s involvement in the federal 287(g) program?
“Honestly, I didn’t really know what it was,” she said.
Later, LaFrance learned that the program is the result of an agreement signed in 2020 by former Gallatin County sheriff Brian Gootkin. It authorized detention officers to serve ICE warrants on individuals already in custody at the Gallatin County Detention Center, rather than waiting for ICE officials to handle the service themselves.
“I think the big concern is maybe not so much the 287(g) agreement as it is the way it did not go through the system,” LaFrance said.
That lack of process is now the center of controversy — and a lawsuit filed against Gallatin County and the sheriff’s office. The lawsuit argues that before the agreement was signed, it was never brought before county commissioners for a vote.
“I think there are a group of people that are wanting the 287(g) to be voided by the current commissioners because it just wasn’t done properly,” LaFrance said.
Current Gallatin County Sheriff Dan Springer said commissioners at the time were aware of the agreement.
“I mean, I was around — I was the undersheriff at the time. The fact of the matter is, the commissioners were well aware. It wasn’t a secret. Commissioners since then are well aware of it. But there have been some questions now on whether they’d give consent or not,” Springer said.
The lawsuit raises the issue of whether the Gallatin County Commission was legally required to consent to the agreement. County commissioners will hold a public meeting on June 16 to decide whether to officially approve the old agreement.
Springer emphasized that even if commissioners don’t approve it, little would change operationally.
“The only difference is when we had the agreement we were warrant service officers. So instead of us serving a warrant, now we serve what’s called a detainer request. And we don’t have to have the agreement to do that because state statute allows us to serve the request. So operationally, it doesn’t change anything,” Springer said.
That’s due to a state law passed in 2021. But for LaFrance, addressing the controversy is still important.
“I think that’s what needs to happen at this stage. We need to decide the proper way, and let the commissioners decide how we move forward,” she said.
Indivisible Bozeman will host a rally this Sunday at the Gallatin County Courthouse as part of a national movement, while also addressing local ICE controversies — including the 287(g) agreement and a recent lawsuit between Montana Attorney General Austin Knudsen and Gallatin County Attorney Audrey Cromwell over ICE operations in the county.
“Because that’s what’s front and center right now in Bozeman. So on Sunday, it will be all about having our voices heard,” LaFrance said.
The rally on Sunday will be at the Gallatin County Courthouse from 12 pm-1 pm.
The Gallatin County Commissioner hearing will be on June 16th at 9 am.