Panel hears arguments on sanctuary cities bill

HELENA — A state Senate panel held a hearing Friday on what some have described as a sanctuary cities bill, which would keep state agencies from enacting certain policies on citizenship and undocumented immigration.

Rep. Kenneth Holmlund, R-Miles City, described House Bill 146 as a “proactive bill,” adding that there are no cities in Montana that now qualify as sanctuary cities.

Sanctuary cities have laws to protect undocumented immigrants from deportation or prosecution, despite federal immigration law. HB 146 would prevent local governments from complying with an immigration detainer request or a notification request by federal agencies.

“You will hear this is a hate bill,” Holmlund said. “There is not any hate in it. It is intended to be the opposite. It is to protect Montana citizens.”

The bill calls on the attorney general to monitor cities and instructs the office to file civil action against any local government in violation. There would be a fine of $10,000 for every five days of violation. Towns participating as sanctuary cities would be prohibited from grants from the coal board or Department of Commerce.

He said there are numerous stories of violent actions by undocumented immigrants who have entered and reentered the U.S. 

"What we are asking for in this bill that the state of Montana agree and comply with federal law," Holmlund said.

Several people spoke in support of the bill, saying those who enter the United States should undergo proper vetting. One man noted that no one is above the law.

“Illegal aliens have been causing mayhem of sorts for decades," said Paul Nachman of Bozeman. He said it was particularly egregious when someone that has been in local custody is released to the streets rather than be remanded to U.S. Immigration and Customs Enforcement for deportation.

Those opposed said the bill posed some problems and had a few misconceptions.

SK Rossi of the ACLU of Montana said being a sanctuary city does not prohibit federal agencies from enforcing laws in local jurisdictions, but allows local jurisdictions from using local resources.

She said it was smarter for local governments to not participate in order to avoid liability, noting they could get sued for violating due process rights. She said the ACLU is suing Lincoln and Gallatin counties for people they said were unlawfully jailed at the request of U.S. Immigration officials.

Kelly Lynch of the League of Montana Cities and Towns said being forced to cooperate with federal agencies would force local agencies to divert resources from the criminals they need to be going after.

The Rev. David Andersen of the Montana Association of Christians described the bill as “a shot across the bow.”

“This bill would threaten us with fines and civil suits from the attorney general,” he said.

The American Immigration Council in 2017 estimated there are fewer than 5,000 undocumented immigrants in Montana, or 0.3 percent of the state’s population. Two percent of Montana’s population was born in another country.

On Sept. 24, U.S. Border Patrol agents arrested an undocumented immigrant in Glacier National Park. He had flown from Mexico to Canada and entered Montana from Canada.

The 38-year-old man admitted to illegal re-entry. Luis Alejandro Lopez-Solis was sentenced March 11 to six months in prison and to two years of supervised release for conviction of being in the United States illegally.

The Senate Judiciary Committee did not vote on HB 146 on Friday. It passed the House 58-41 on Feb. 12.

Veteran journalist Phil Drake is our eye on the state capitol. For tips, suggestions or comment, he can be reached at 406-231-9021 or pdrake@greatfallstribune.com.

To know more

Read House Bill 146 at: https://bit.ly/2WkddFE