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:

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Terms Used In Montana Code 2-1-602

  • Arrest: Taking physical custody of a person by lawful authority.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Local government: means a municipality, a county, or a consolidated city-county government. See Montana Code 2-1-601
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Policy: means a formal or informal rule, order, ordinance, or policy, whether written or unwritten. See Montana Code 2-1-601
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • State agency: means an office, position, commission, committee, board, department, council, division, bureau, section, or any other entity or instrumentality of the executive branch of state government. See Montana Code 2-1-601
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201

(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.