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Bill > HB278


MT HB278

Require peace officer to check and report immigration status during lawful stop


summary

Introduced
01/21/2025
In Committee
02/21/2025
Crossed Over
02/12/2025
Passed
04/16/2025
Dead
Signed/Enacted/Adopted
04/17/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT REQUIRINGAUTHORIZING A PEACE OFFICER TO CHECK AND REQUIRING THE PEACE OFFICER TO REPORT THE IMMIGRATION STATUS OF A PERSON DURING A LAWFUL STOP; AND AMING SECTION 46-5-401, MCA.”

AI Summary

This bill amends Montana law to authorize and require peace officers who conduct a lawful stop to attempt to determine the immigration status of the stopped individual, under certain conditions. Specifically, during a lawful traffic or pedestrian stop, a peace officer may make a reasonable attempt to determine a person's immigration status when practicable and upon reasonable suspicion, with an exception if such determination might hinder or obstruct an ongoing investigation. If the officer determines that the stopped person is not lawfully present in the United States, the bill mandates that the officer report this information to a federal immigration agency. The bill adds this requirement to existing law that already outlines procedures for investigative stops, such as requesting identification, checking driver's licenses, and conducting safety frisks. The new provision expands peace officers' responsibilities regarding immigration status verification during routine stops, potentially increasing federal immigration enforcement at the local level. This legislation appears designed to enhance immigration enforcement by empowering local law enforcement to check and report on the immigration status of individuals they legally stop.

Committee Categories

Justice

Sponsors (1)

Last Action

Chapter Number Assigned (on 04/17/2025)

bill text


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