Montana Supreme Court Rules on County Authority and ICE Information Requests
The Montana Supreme Court ruled unanimously that Gallatin County Attorney Audrey Cromwell can proceed with a legal challenge regarding whether local governments must share confidential criminal justice records with federal immigration authorities without a court order.
Justice James Shea wrote the opinion for the court, finding that Attorney General Austin Knudsen exceeded his authority by attempting to seize supervisory control over Cromwell’s office in April. The conflict started in October 2025 when county records personnel asked Cromwell whether U.S. Immigration and Customs Enforcement was entitled to confidential criminal justice information without a judicial order. Cromwell advised county records personnel that the agency lacked automatic access, prompting Knudsen to issue an order demanding that the county attorney comply with the federal requests.
The state Supreme Court determined that Knudsen holds supervisory power solely over a county attorney’s state-level responsibilities, such as prosecuting criminal laws or handling civil suits filed on behalf of the state. Because Cromwell acted in her official capacity as a legal adviser to Gallatin County and its subdivisions, Knudsen lacked the legal authority to force her to change her legal guidance, according to the court’s order.
Montana Supreme Court Orders Legal Briefs Due December 2026
While the court blocked the attorney general’s takeover, it did not resolve the core dispute of whether Montana counties can provide confidential criminal justice information to immigration officials. Law enforcement agencies routinely exchange such files, but public records access requires a stringent process.
The Montana Supreme Court directed both Knudsen and Cromwell to submit legal briefs by Dec. 7, 2026. The upcoming filings must address whether immigration enforcement qualifies as a criminal justice agency under state law, and whether that specific designation automatically entitles an agency to receive confidential files regardless of whether a request serves civil or criminal enforcement purposes.
Worth a look
- Global equity markets shed 3조5천억달러 in a single session on November 5, wiping out nearly five
- Can Democrats Deliver on Affordability Amid Economic Challenges and Trump’s Veto Power?
- Peanut Allergy Retesting: 271 of 778 Infants Passed a Supervised Challenge (daybreakwire.com)
- How to Play GTA 6 Early: Release Date and Access Guide (archyworldys.com)