UPDATE: 5/22/25 - 8 PM - In an email to KBZK, Gallatin County Attorney Cromwell issued a statement in response to AG Knudsen's letter to the commission.
Gallatin County already participates in the effective federal 287(g) program—which ensures that undocumented individuals charged with a crime in Gallatin County are immediately flagged and held for ICE,” states County Attorney Audrey Cromwell. “Given constitutional concerns regarding due process, significant legal liability, and added strain on overburdened County resources, I stand by my legal opinion which advises the Commission against entering into an additional agreement with ICE to detain non-local undocumented immigrants in the Gallatin County Detention Center. As Gallatin County Attorney, I uphold the law. Nothing about this detention contract makes Gallatin County a safer place to live, work, or go to school—in fact, voluntarily becoming a detention center for ICE to hold non-local individuals not only exposes Gallatin County to significant liability, but also damages relationships within our community, leading to lower rates of crime reporting, witness cooperation, and engagement with victim services.
EARLIER:
BOZEMAN — Montana Attorney General Austin Knudsen is urging Gallatin County to collaborate with U.S. Immigration and Customs Enforcement (ICE) to detain illegal immigrants following the county's recent rejection of ICE's request to rent beds at the detention center.
WATCH: AG urges Gallatin County to work with ICE
In a letter addressed to Gallatin County officials on Wednesday, Knudsen criticized County Attorney Audrey Cromwell's recommendation against the agreement between the county and ICE, stating that it was based on political motives rather than legal analysis.
WATCH: Legal Concerns Prompt Gallatin County to Drop ICE Detention Proposal
WATCH: ICE seeks to use Gallatin County Detention Center as holding facility, awaits commission approval
In response, the Gallatin County Commission issued a statement reaffirming its commitment to cooperate with ICE, particularly in cases involving individuals in custody who have immigration status issues.
"We remain committed to cooperating with ICE in cases where criminals in our custody have immigration-status issues," the commission stated. “We will continue our historic investments in public safety services and facilities, ensuring our resources are used for the direct benefit of Gallatin County taxpayers."
The commission emphasized its ongoing close relationship with the elected County Attorney and its support for the Gallatin County Sheriff's Office: "We will continue to work closely with the Gallatin County Attorney, who was elected by our community. And we will continue supporting the Sheriff and his dedicated team of public safety heroes.”
According to the commission, the full statement is available on the county's official website.
UPDATE: 5/22/25 - 8 PM - The original proposal started when the Gallatin County Sheriff’s office suggested it, and the County Commission, which is the group in charge of making county rules, showed interest by writing a letter. Before moving forward, they needed to get legal advice from Gallatin County Attorney Audrey Cromwell.
On April 24, 2025, Cromwell wrote a report explaining that the agreement could create legal problems and concerns about how it might affect local taxpayers. She pointed out that Gallatin County is already part of a program that helps manage undocumented individuals who are charged with a crime, without bringing in people from other places.
On May 2, 2025, Cromwell reached out to ICE for more information about the proposal. However, on May 9, 2025, the County Commissioners told the County Attorney to stop working on the idea.
RELATED:
Gallatin County leaders decide not to move forward with ICE detention plan
ICE seeks to use Gallatin County Detention Center as holding facility, awaits commission approval
