Immigration

SB 329 requires Montana employers with more than 50 employees to use the federal e-Verify system to confirm new hires' work authorization within three business days of hiring. It mandates employers to register for e-Verify, submit employee data for verification, and maintain records for three years or the duration of employment. Employers who fail to verify or employ unauthorized workers face fines up to $5,000 per violation, enforced by the Attorney General through investigations and potential license suspension. The bill exempts employers who hired staff before October 1, 2025, and those already complying with federal verification laws, while prohibiting local governments from blocking enforcement.

SB 91 requires driver's licenses and identification cards issued in Montana to display an individual's U.S. citizenship status. Beginning January 1, 2026, an image of an eagle will be included on these cards for applicants who are United States citizens. This change affects all U.S. citizens applying for or renewing a driver's license or identification card in Montana.

House Bill 226, titled the "Legal Employment and Government Accountability Law," requires employers to verify the legal work authorization of all employees before they start working. Employers must use either the federal E-Verify program or a completed Form I-9 with supporting documents to confirm eligibility. The Department of Labor and Industry is authorized to enforce this law through investigations, audits, and rulemaking. Non-compliance can lead to civil penalties, including fines for each individual employed in violation and potential suspension of business licenses for repeat offenses. A dedicated state special revenue fund will collect these penalties to support the law's implementation and administration.

HB 278 requires peace officers, during a lawful investigative stop, to make a reasonable attempt to determine a person's immigration status, unless it is impractical or would hinder an investigation. If the officer determines the person is not lawfully present in the United States, the bill mandates that this information be reported to a federal immigration agency. This affects peace officers by adding new duties during stops and impacts individuals who are lawfully stopped, as their immigration status may now be checked and reported.

HB 214 allows Montana to prosecute individuals for state criminal offenses even if they are in federal immigration detention for immigration violations. It directly affects people detained under federal immigration authority who commit crimes in Montana. The bill's key provision permits state prosecutors to initiate criminal cases against these individuals and requires Montana to hold them until their state trial concludes before transferring them to federal custody. This law, signed by the governor on April 7, 2025, amends state procedures to coordinate state criminal proceedings with federal immigration processes.