Immigration (Sanctuary Policies)

HB 214 allows Montana to prosecute individuals for state criminal offenses even if they are in federal immigration detention for immigration violations. It directly affects people detained under federal immigration authority who commit crimes in Montana. The bill's key provision permits state prosecutors to initiate criminal cases against these individuals and requires Montana to hold them until their state trial concludes before transferring them to federal custody. This law, signed by the governor on April 7, 2025, amends state procedures to coordinate state criminal proceedings with federal immigration processes.

HB 278 requires peace officers, during a lawful investigative stop, to make a reasonable attempt to determine a person's immigration status, unless it is impractical or would hinder an investigation. If the officer determines the person is not lawfully present in the United States, the bill mandates that this information be reported to a federal immigration agency. This affects peace officers by adding new duties during stops and impacts individuals who are lawfully stopped, as their immigration status may now be checked and reported.