Bill > LC0023

This bill creates a new state law targeting unauthorized entry into Montana by non-U.S. citizens, establishing criminal penalties for individuals entering the state without legal authorization. Under the proposed legislation, an "alien" who enters or attempts to enter the state without proper U.S. authorization would commit a felony punishable by up to one year in prison, a $5,000 fine, or both. Public safety officers would be authorized to detain individuals they reasonably suspect of being unauthorized, contact federal immigration agencies to verify status, and potentially remove individuals from the state through a court order. The bill uniquely provides courts the option to defer prosecution by ordering the individual to relocate to a "sanctuary jurisdiction" - defined as a state or locality that limits cooperation with federal immigration enforcement. Violations of relocation orders could result in additional fines of up to $500 per day or additional imprisonment. The law provides immunity from civil liability for public safety officers acting under these provisions and includes specific definitions drawn from federal immigration statutes. The bill would become effective immediately upon passage and is intended to be codified as a new part of Montana's criminal code, with a severability clause ensuring that if any part of the law is found invalid, the remaining provisions would still stand.

https://bills.legmt.gov/#/lc/bill/2/LC0023