Attorney General Austin Knudsen has sent a cease-and-desist letter to Gallatin County Attorney Audrey Cromwell demanding she reverse a policy that refuses to recognize U.S. Immigration and Customs Enforcement as a criminal justice agency entitled to receive confidential criminal justice information, giving her until Monday, April 6, to comply or face state action.
The dispute stems from an October 2025 email sent by Cromwell’s executive assistant to local law enforcement directing that ICE is not recognized as a law enforcement agency for purposes of receiving confidential criminal justice information and is entitled only to public documents. Knudsen’s office says the policy violates both state and federal law and creates dangerous gaps in law enforcement cooperation.
Knudsen argued that under Montana law, a criminal justice agency includes any federal, state or local government entity whose principal function is the administration of criminal justice — a definition he says ICE clearly meets, given its authority under the Department of Homeland Security to investigate, apprehend, detain and remove individuals who violate federal immigration law.
The attorney general also said the policy may run afoul of Montana’s ban on sanctuary city policies, which prohibits local jurisdictions from adopting measures that obstruct or materially hinder cooperation with federal law enforcement. Knudsen warned that if Cromwell does not rescind the policy by the deadline, he will take immediate action to bring Gallatin County into compliance with state law.
The clash between Knudsen and Cromwell is not new. Last year, Cromwell issued a legal opinion recommending the Gallatin County Commission decline to enter into an agreement with ICE to house detainees at the county detention center pending immigration hearings. Knudsen responded by urging the commissioners to disregard her opinion and partner with ICE.
The latest confrontation comes as Knudsen has been pressing immigration enforcement cooperation across the state. In February, he launched an investigation into the City of Helena after city commissioners passed a resolution he said potentially violated Montana’s anti-sanctuary city law. Helena commissioners subsequently rescinded the resolution.
By DNU staff