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Montana group sues over law allowing police to check immigration status during unrelated stop

The nonprofit argues the law violates Montana's Constitution by allowing racial profiling and detentions without particularized suspicion during routine stops, challenging prolonged detentions as illegal.

  • Tuesday, Valley Neighbors of the Flathead sued the state and Attorney General Austin Knudsen in Lewis and Clark County District Court to block House Bill 278, which took effect Wednesday and allows immigration-status checks during routine stops.
  • House Bill 278, signed into law in April 2025 and sponsored by Rep. Nelly Nicol, R-Billings, allows officers to check immigration status during stops and passed largely along party lines.
  • Court documents describe legal residents detained from hours up to a week, including a Venezuelan man held nearly a week by U.S. Customs and Border Protection after a Whitefish police stop.
  • The lawsuit argues HB 278 violates Montana Constitution's particularized suspicion standard and enables detentions for unlawful presence, while plaintiffs say it breaches privacy and anti-discrimination protections.
  • Kalispell Police Chief Jordan Venezio warned the law risks biased checks, Rep. Brandon Ler called the lawsuit disappointing Wednesday, and Upper Seven has repeatedly sued Montana's GOP government in recent years.
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Fairfield Sun Times broke the news in on Wednesday, October 1, 2025.
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