Helena City Commission Revisits Immigration Resolution After Attorney General Pressure

City Attorney Rebecca Dockter presented Helena's commission with a revised immigration resolution Monday, attempting to salvage what she can of the city's original January policy after Attorney General Austin Knudsen's threat of $10,000-per-day fines forced the commission to scrap it at a packed Civic Center auditorium just 11 days earlier.

Resolution 21062, adopted January 26, had directed Helena Police Department officers not to arrest anyone based solely on immigration status, prohibited city staff from sharing residents' personal data, including immigration status, national origin, and date of birth, with outside agencies except under a valid court order, and called on officers to ask federal agents to de-mask and identify themselves when possible. Dockter said at the time the measure was drafted to avoid placing new burdens on officers and grew out of public concerns raised since November 2025.

Knudsen's March 10 cease-and-desist letter called Resolution 21062 a policy that "establishes a broad sanctuary city policy that seeks to protect every illegal immigrant in the city's jurisdiction, regardless of whether that alien has committed a serious crime and is a recidivist." He argued the measure violated House Bill 200, the 2021 anti-sanctuary city statute signed by Gov. Greg Gianforte, and warned the city faced fines that could be retroactively applied, a civil lawsuit, and the loss of state grant funding.

Faced with that exposure, the commission brought in outside counsel Natasha P. Jones of Boone Karlberg. Jones recommended immediate rescission, warning commissioners that "law enforcement officers are stuck in the middle" and pointing to similar statutes that had been upheld in Texas and Florida. The commission voted 4-1 to rescind on March 26. Mayor Emily Dean called the AG's investigation "infuriating" but acknowledged the financial risk was too steep. When the vote came down, members of the crowd yelled "shame" and Dean called a recess.

The new draft Dockter brought Monday is attached to a formal response letter the city sent Knudsen, which states the city "strongly disagrees" that Resolution 21062 violated Montana's sanctuary jurisdiction laws while simultaneously detailing the steps taken to repeal it. The letter requests cooperation from the AG's office as Helena attempts a narrower rewrite, one that may be able to express policy preferences around immigrant communities without triggering the enforcement mechanisms in HB 200.

What the revised language is unlikely to restore: the data-sharing restrictions and the de-masking provision are the clauses Knudsen specifically identified as noncompliant. What it may preserve: the commission's stated policy that HPD will not conduct stops, investigations, or arrests based solely on immigration status, a position Dockter has maintained is consistent with both state and federal law.

Knudsen praised the rescission without leaving room for negotiation: "This resolution should never have been passed in the first place. My office will continue to hold any jurisdictions in violation of Montana's sanctuary city prohibition accountable."

Any revised resolution will require a public hearing, and given that the March 26 meeting drew nearly a hundred speakers and moved from the commission chambers to the Civic Center auditorium to accommodate the crowd, another contentious session is likely. The outcome will function as a working legal template for every other Montana municipality watching Helena try to thread the same needle.