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Heated hearing on bill that would require peace officers to check and report immigration status
Summary
Supporters, including the highway patrol, said HB 278 would help find trafficking victims and protect officers; tribal leaders, police associations and civil-rights witnesses warned the 'shall' language risks profiling, Fourth Amendment conflicts and operational burdens — many urged changing 'shall' to 'may'.
Representative Nickel opened House Bill 278 by describing a ride-along with the highway patrol and by saying the bill would let peace officers make a reasonable attempt, when practicable, to determine a stopped person’s immigration status and report that information to a federal immigration agency. He framed the bill as a tool to address human trafficking, cartel activity and officer safety.
Lieutenant Colonel Kyle Hayter of the Montana Highway Patrol testified in support, saying MHP wants clarity so troopers are not ‘‘tied by litigation’’ when pursuing suspected cross-border criminal activity. Anna Schlemelinen, a private witness, said the bill targets lawful driver stops and verification tasks rather than encouraging stops based on appearance.
Opponents included Patrick Kawaki, who spoke for several tribes and warned HB 278 risks wrongful detention and…
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