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This bill allows Montana state authorities to criminally prosecute individuals who are currently in federal immigration detention for crimes committed within the state. It enables the state to pursue legal action against these individuals regardless of their immigration status or pending federal proceedings. Additionally, the bill gives the state the option to either surrender a person to federal authorities if a state case is pending or continue the state trial until the person is convicted and sentenced. This change directly affects how Montana handles criminal cases involving people detained by federal immigration officials.
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.