Montana State Immigration Laws

Immigration laws are primarily enforced by federal agencies. But states have their own rules that affect the daily life of immigrants and the services they can access. These rules and regulations vary by state. States also have a significant say in how they enforce immigration laws.

This article outlines immigration rules and policies in Montana. Learn more about:

• Montana challenges federal immigration policies
• Law enforcement and immigration in Montana
• Employment and immigration
• Montana E-Verify requirements
• Driver’s license and ID requirements
• Public benefits restrictions
• In-state tuition costs
• Voting ID rules
• Housing ordinances and immigration
• How an immigration attorney can help
• Related resources

Immigration rules continue to evolve. Anyone facing an immigration issue in Montana should speak with a local immigration attorney for up‑to‑date guidance.

Montana Challenges Federal Immigration Policies

In 2021, Montana joined a lawsuit filed against the U.S. government over its current immigration policies. The case, in which Arizona was the original plaintiff, took aim at the Biden administration’s January directive to suspend, in large part, deportations of noncitizens unless those noncitizens posed a threat to national security.

Montana was concerned that this suspension of deportations would cause an overload of migrant detention facilities. It also cited concern that the suspension could contribute to drug trafficking in the state.

In its complaint, the Montana Department of Justice alleged that the Biden administration’s suspension of deportations violated agreements that the state had with the Trump administration. The state lost the lawsuit.

Law Enforcement and Immigration in Montana

A federal program once required law enforcement officers to fingerprint all arrestees. It also required that police run arrestees’ names through a database that checked immigration status.

But President Joe Biden revoked the Executive Order that former President Donald Trump used to renew the program. It expired in 2017. Under the new “Criminal Apprehension Program,” only convicts’ names are entered into this system.

Information in this system is shared with the FBI and the Department of Homeland Security (DHS). It can also go to U.S. Immigration and Customs Enforcement (ICE).

Informatopin is typically only shared with ICE if a particularly flagrant immigration violation has occurred. This is usually the case only if a person poses a threat to national security.

Employment and Immigration

For more information, refer to federal employment eligibility verification rules. Also, refer to the requirements for Form I-9.

Montana E-Verify Requirements

Employers in Montana must use the federal E-Verify system to check that job applicants and new hires are authorized to work in the U.S.

Driver’s License and ID Requirements

To get a driver’s license in Montana, immigrants must provide proof of:

• Legal presence in the U.S.
• Identity
• Residence in Montana

Examples of documents accepted for proving state residence include utility bills, auto insurance statements, or rental leases.

Public Benefits Restrictions

Under federal law, illegal immigrants may not get public benefits. But they can get emergency services, health care, and other programs deemed “necessary to protect life and safety.”

In-State Tuition Costs

Montana has no policy for in-state tuition for students without immigration documentation. This also applies to Deferred Action for Childhood Arrivals (DACA) recipients.

DACA protects eligible young adults from deportation after their parents brought them to the United States as children. It also gives these young adults work authorization for limited periods. Those periods of work authorization are renewable.

Voting ID Rules

Montana voters must present one of the following forms of identification:

Montana law does not address whether landlords must check the immigration status of applicants or tenants. But property owners and landlords must adhere to federal fair housing laws, which prohibit discrimination based on religion, race, national origin, ancestry, or other protected characteristics.

Need More Help? Contact an Immigration Attorney

Dealing with immigration on your own is very difficult and stressful. Understanding federal and state laws can be overwhelming, and it is natural to feel frustrated and lost in the process. Fortunately, legal help is available for immigration issues. An immigration attorney can guide you through any immigration-related process, including:

• Facing a possible deportation or removal
• Applying for a green card
• Trying to become a legal permanent resident
• Working through the naturalization process
• Applying for visas for you and your family.
• Appearing before an immigration court
• Navigating communications with U.S. Citizenship and Immigration Services (USCIS) 

FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in Montana. Enter your city or ZIP code— whether you’re in Missoula or elsewhere in the state—for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.

Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.

If you can’t afford an attorney, you still have options. Many attorneys work pro bono. Working pro bono means attorneys provide legal services for free. See the following section for additional resources.

Immigration in Montana: Related Resources

• Know Your Rights — Use this guide to protect you and your family during immigration raids.
• National Immigration Legal Services Directory — This resource can help you locate advocacy and immigration services in the state and elsewhere.
• Montana Legal Services Association — This organization provides free legal information and legal representation to low-income Montanans.