Cromwell rebuts Knudsen on ICE information dispute

Gallatin County Attorney Audrey Cromwell requests legal opinion from Montana Attorney General Austin Knudsen

Gallatin County Attorney Audrey Cromwell has requested Montana Attorney General Austin Knudsen to issue a binding legal opinion on an interagency information-sharing dispute between the county and the Montana Department of Justice. The disagreement revolves around whether Montana counties are required to provide sensitive personally identifiable information for administrative or civil enforcement cases outside county jurisdiction, potentially risking privacy.

Cromwell’s request comes after a recent cease-and-desist letter from Knudsen’s office, which she believes puts the safety of Gallatin County residents at risk and undermines law enforcement operations related to illegal immigration in Montana. While both Cromwell and Knudsen agree that their conflict originated from an interaction six months ago, they seek clear statewide guidance on the complex legal issues at hand.

If Knudsen issues a binding legal opinion, it could serve as controlling law for government entities until overruled by a court, as per the Montana Legislature. The request specifically seeks guidance on whether counties can share non-public confidential criminal justice information with federal agencies like ICE for non-criminal civil or administrative purposes without a court order.

Legal Standoff and Responses

Cromwell’s office had denied an ICE information demand in October 2025, citing that it was for administrative purposes and not related to criminal justice administration. The recent back-and-forth between Cromwell and Knudsen escalated when Knudsen criticized Cromwell on social media, emphasizing that ICE should be recognized as a legitimate law enforcement agency.

Cromwell maintains that ICE’s request was civil in nature and did not fall within the statutory framework requiring disclosure to a criminal justice agency. She emphasizes that the dissemination of confidential criminal justice information is strictly limited and can only be shared under specific statutory circumstances to protect individuals’ privacy rights.

While Cromwell’s office provides legal advice to county departments, she clarifies that all policy decisions are made solely by the Gallatin County Commission. The dispute highlights broader issues related to immigration, law enforcement, privacy rights, and government authority.

As the legal standoff continues, the outcome of the request for a binding legal opinion from Knudsen could have significant implications for information sharing practices between Montana counties and federal agencies like ICE.