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Montana Title 2. Government Structure and Administration § 2-1-602. Sanctuary jurisdiction prohibited--exception

Current as of January 01, 2024 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Montana Title 2. Government Structure and Administration § 2-1-602. Sanctuary jurisdiction prohibited--exception - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-2-government-structure-and-administration/mt-st-2-1-602/

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