Critics say new legislation in the Montana House criminalizing the “harboring” of people with an unknown immigration status could put hospitals, churches and community organizations at risk. 

Rep. Lukas Schubert, R-Evergreen, introduced House Bill 896 after the House voted down similar legislation earlier in the session. The bill adds new definitions to Montana’s obstruction of justice law, making it illegal to harbor or assist a person who “has entered the United States in violation of law.”  

Representatives from religious and nonprofit organizations across the state opposed the bill at an April 1 House Judiciary Committee, arguing that the legislation’s broad reach would hamper the provision of key social services to all Montana residents, regardless of immigration status.

“What happens on the ground is that we’re providing services to people, humans who may or may not be in a legal status,” said Kelsen Young, the director of the Montana Coalition Against Domestic and Sexual Violence. 

Young said the bill would make the coalition’s services, along with the services provided by hospitals, churches and other community organizations, illegal, as staff are unable to verify the immigration status of everybody they serve. Clients may not always have documentation on hand when accessing crisis services, such as a domestic violence shelter, and, even with documentation, it is difficult to ascertain someone’s status without extensive knowledge of immigration law. 

“There is rarely a black and white line for who is here lawfully and what being documented or undocumented means,” said Mary Poole, the executive director of the Missoula-based nonprofit Soft Landing. “This is especially true with the large number of changes being made in our federal immigration system right now.” 

Representatives from the Montana Coalition Against Homelessness, the Montana Nonprofit Association and the Montana Catholic Conference also spoke in opposition of HB 896.  

No proponents supported the bill at the hearing, but Schubert vehemently defended the legislation’s hardline approach to immigration. 

“I know in my county, in Flathead County, we have an organization that does help illegal aliens remain in our state, and this is something that’s totally unpopular,” he said. “You know, these people that are doing this, they’re bringing them into Montana, into Flathead County.” 

Poole, who works closely with the organization in question, said that Schubert’s claims were unfounded, but he repeated the accusation in his closing remarks. 

“This is exactly the problem,” said Schubert. “These people absolutely are bringing illegal aliens in, contrary to what they were saying.” 

Republican U.S. Rep. Ryan Zinke last year claimed that a Flathead Valley nonprofit worked with the Biden administration to move an immigrant family described as Venezuelan here, but didn’t provide evidence to back up the assertion.  

During the hearing in Helena, Schubert added that “it doesn’t make sense” for the Montana Coalition Against Domestic and Sexual Violence to oppose the bill “considering all the sexual violence that illegal immigrants commit against Americans in this country.” 

U.S. Customs and Border Protection reported 224 convictions for sexual offenses committed by individuals in the country illegally during fiscal year 2024. By comparison, the Montana Department of Justice recorded over 2,200 sexual assault convictions in 2024. 

The House Judiciary Committee passed HB 896 along party lines. The bill will now move to the House Floor for a second reading. 

Reporter Hailey Smalley can be reached at hsmalley@dailyinterlake.com or 758-4433.