Addressing agreement proposal between county detention center and immigration authorities, attorney’s office advises against contract
EBS STAFF
The Gallatin County Sheriff’s Office recently proposed to enter an interlocal agreement with the U.S. Immigration and Customs Enforcement to detain non-local undocumented immigrants at the Gallatin County Detention Center.
In a May 2 press release, the Gallatin County Attorney’s Office, charged with providing legal advice to the Gallatin County government and commission, identified legal risks to the proposal, which would provide 10 beds for ICE detainment at the detention center to potentially hold 1,200 non-local ICE detainees each year. The statement explains that the proposal “exposes Gallatin County to significant legal liability and compromises the County’s ability to serve its own community members.”
County Attorney Audrey Cromwell cited the Tenth Amendment of the U.S. Constitution which affirms that “states and localities cannot be compelled to enforce federal immigration laws” and that the Constitution also promises the fundamental right to due process. Because ICE warrants differ from criminal warrants , the cases are not reviewed by a judge to determine probable cause.
The attorney’s office explained that the costs of detainment that is later confirmed “unlawful” would cost Gallatin County taxpayers hundreds of thousands or possibly millions of dollars in litigation costs, noting the consequence as a “significant risk.”
Later in the release, the attorney’s office explained that a statement by the Gallatin County Sheriff’s Department about housing only undocumented immigrants charged with crimes “does not align with the realities of the current ICE enforcement practices,” which would possibly detain individuals without criminal charges. Cromwell also noted the strain on resources in the process of admitting and caring for detainees, concluding by advising against the agreement.
“Given constitutional concerns regarding due process, significant legal liability, and added strain on overburdened County resources, I have advised the Commission against entering into an additional interlocal agreement with ICE to detain non-local undocumented immigrants in the Gallatin County Detention Center,” Cromwell stated.
“Nothing about this detention contract makes Gallatin County a safer place to live, work, or go to school—in fact, voluntarily becoming a detention center for ICE could not only expose the County to significant liability, but also damage relationships within our community, leading to lower rates of crime reporting, witness cooperation, and engagement with victim services,” Cromwell stated. According to NBC Montana, the Gallatin County Commission will discuss the proposal in future meetings.
