§ 2-1-602 — Sanctuary Jurisdiction Prohibited -- Exception

Montana § 2-1-602

• Jurisdiction: Montana
• Title 2: GOVERNMENT STRUCTURE AND ADMINISTRATION
• Ch. 1: SOVEREIGNTY AND JURISDICTION
• Part 6: Sanctuary Jurisdictions -- Prohibitions

Text

2-1-602 . Sanctuary jurisdiction prohibited -- exception. (1) Except as provided in subsection (2), a state agency or local government may not enact, adopt, implement, enforce, or refer to the electorate a policy that prohibits or restricts a government entity, official, or employee from:
(a) sending to, receiving from, exchanging with, or maintaining for a federal, state, or local government entity information regarding a person's citizenship or immigration status for a lawful purpose;
(b) complying with a notification request concerning the release of an individual if the request is lawfully made by the United States department of homeland security acting pursuant to its authority under 8 U.S.C. 1226 and 1357 as those sections read on March 31, 2021; or
(c) complying with an immigration detainer request if:
(i) the request is lawfully made by the United States department of homeland security acting pursuant to its authority under 8 U.S.C. 1226 and 1357 as those sections read on March 31, 2021; and
(ii) the arrest is authorized under state law.
(2) A state agency or local government may not be considered in violation of this section based solely on a policy otherwise subject to subsection (1) that exclusively concerns an individual who comes forward as a victim of or a witness to a criminal offense.

Legislative History

En. Sec. 2, Ch. 101, L. 2021.