HELENA - The Montana Supreme Court has ruled that the Gallatin County Attorney can pursue a legal challenge over whether Montana counties may provide confidential criminal justice information to U.S. Immigration and Customs Enforcement without a court order.
The court granted Gallatin County Attorney Audrey Cromwell's petition in part, finding that the case presents a question the court can decide and that the county attorney has standing to seek a declaratory ruling on the issue.
The court also ruled that the Montana Attorney General Austin Knudsen does not have supervisory authority over a county attorney when the county attorney is acting as legal adviser to the county and its subdivisions. According to the order, Knudsen exceeded his authority by attempting to direct the Gallatin County Attorney’s legal advice to county offices and employees.
As a result, the court said the attorney general’s order asserting supervisory control over the Gallatin County Attorney’s Office is unenforceable.
However, the court has not yet resolved the underlying question of whether counties may provide the confidential information to ICE.
The parties were ordered to submit briefs by Dec. 7, 2026, addressing whether ICE qualifies as a “criminal justice agency” under Montana law and whether an agency with that designation is automatically entitled to confidential criminal justice information.
