Immigration

HB 755 sought to prohibit certain non-resident aliens and foreign entities from owning real property within the state. The bill defined "alien" as any person not a U.S. citizen or national and not a resident of the state, and "foreign entity" as one organized or principally based in a foreign country. If an affected individual or entity owned property, they would be required to divest within six months, after which the property could be sold at public auction. The Attorney General or county attorney would have been able to enforce these provisions, which were set to apply to property purchased on or after January 1, 2026.

House Bill 618, the "Montana Individual Freedom Act," aimed to restrict how state and local government agencies, including the Department of Military Affairs, could use public funds. The bill would have prohibited these agencies from spending money on memberships, goods, or services from organizations that discriminate based on race, color, ethnicity, national origin, sex, disability, or religion. It also sought to prevent the expenditure of funds on programs related to "diversity, equity, and inclusion" or on political or social activism. The Attorney General would have been granted authority to investigate alleged violations and adopt rules for enforcement.

House Bill 927 would have required a wide range of professionals and officials in Montana to report individuals they know are "not lawfully present in the United States" to the state Department of Justice. These mandatory reporters would have included healthcare providers, school staff, social workers, law enforcement, and certain clergy members. The bill outlined procedures for the Department of Justice to receive and record these reports, with the option to share information with federal immigration agencies while keeping the reporter's identity confidential. Failure to make a required report would have been a misdemeanor.

HB 439, "Creating sheriffs' first initiative for cooperation and communication," aimed to regulate arrests, searches, and seizures conducted by federal employees and agents in Montana. The bill would have required federal personnel, unless designated as state peace officers, to obtain written permission from the county sheriff before making an arrest, search, or seizure. It provided exceptions for situations like operations on federal land or when an immediate arrest for a witnessed crime was necessary. For some exceptions, permission from the state attorney general would have been required. The bill also allowed county sheriffs discretion on whether to implement these provisions and declared federal laws granting federal employees sheriff-like authority invalid in the state.