Montana Court Weighs County Attorney's ICE Data Sharing
The Montana Supreme Court has ruled that Gallatin County's attorney can seek clarity on whether confidential criminal justice information may be shared with federal immigration authorities.
Updated on Nov. 6, 2026 in Criminal Justice
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The Montana Supreme Court granted in part a petition from Gallatin County Attorney Audrey Cromwell, finding she has standing to seek a declaratory ruling. The court also ruled that Attorney General Austin Knudsen lacks supervisory authority over a county attorney acting as county legal adviser.
Why it matters
The dispute concerns whether counties in Montana may provide confidential criminal justice information to U.S. Immigration and Customs Enforcement without a court order. The ruling on Knudsen's authority also clarifies the limits of the attorney general's control over county legal offices in the state.
The Montana Supreme Court granted Gallatin County Attorney Audrey Cromwell's petition in part and found she has standing to seek a declaratory ruling. The court has not yet resolved whether counties may provide confidential criminal justice information to ICE without a court order, and parties must submit briefs by December 7, 2026.
The players
Audrey Cromwell
Gallatin County Attorney who petitioned the Montana Supreme Court seeking a declaratory ruling on sharing criminal justice information with federal immigration authorities.
Austin Knudsen
Montana Attorney General who asserted supervisory authority over the Gallatin County Attorney's Office and whose order the Supreme Court found unenforceable.
The details
Cromwell filed the petition after Attorney General Knudsen attempted to direct the Gallatin County Attorney's legal advice to county offices and employees. The Supreme Court found Knudsen's order asserting supervisory control over the office unenforceable, and it found the question presented is one the court can decide.
Timeline
Parties must submit briefs on whether ICE is a criminal justice agency by December 7, 2026.
Legal Context
The ruling defines the limits of Montana's attorney general authority over county attorneys acting as county legal advisers under state law. It also sets up the Supreme Court's pending decision on whether counties may release confidential criminal justice information to federal immigration officials without a court order.
Residents of Gallatin County and other Montana counties may see changes in how local offices handle requests for confidential criminal justice records from federal immigration authorities. The Supreme Court's eventual ruling will determine whether such information can be shared without a court order.
The takeaway
The outcome will determine whether county prosecutors in Montana retain independent authority over sensitive records when federal agencies make requests. Readers following local government and immigration policy should watch for the Supreme Court's decision after the December 7 briefing deadline.
What happens next
Parties must submit briefs on whether ICE is a criminal justice agency by December 7, 2026.
Further reading
For more on related court and enforcement developments, see Criminal Justice coverage.
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Should your county share confidential criminal records with ICE without a court order?
