HELENA — A bill up for hearing in the Montana Legislature Wednesday would require law enforcement to check people’s immigration status when they make a traffic stop, but lawmakers heard questions about what implementing it would mean for drivers’ rights.

The House Judiciary Committee heard testimony on House Bill 278, sponsored by Rep. Nelly Nicol, R-Billings.

Nicol said she brought the bill because she believes the Montana Highway Patrol is currently too restricted in how it can investigate whether a stopped driver is in the country illegally. A 2015 federal lawsuit accused MHP of having a discriminatory policy of detaining drivers to check their immigration status. As part of a settlement resolving that case, the agency adopted a policy that says troopers can’t stop someone or prolong a stop solely to check their status, or use race, national origin or language as the only reason to suspect someone is in the country illegally.

Rep. Nelly Nicol, R-Billings, is sponsoring House Bill 278, which would require law enforcement officers to check drivers' immigration status whenever making a traffic stop.

Nicol said, if there’s human trafficking or drug trafficking in the state, MHP troopers are the ones most likely to respond to it because of their role on Montana’s roads.

“That is exactly the department that we would like to have uncuffed, to be able to ask without worrying about another court case,” she said.

Nicol said she believed, by making an immigration check mandatory for all traffic stops, it would alleviate concerns about racial profiling in those checks.

Lt. Col. Kyle Hayter, MHP’s field forces commander, appeared as a proponent of HB 278. However, a representative for the Association of Montana Troopers expressed concerns about the bill, as did the Montana Police Protective Association and the Montana Sheriffs and Peace Officers Association. They said conducting an immigration check on every driver, without reason for particular suspicion, could go against the Fourth Amendment right against unreasonable searches and seizures.

“Then it puts our troopers in a really bad position of, ‘Do we violate the citizen’s constitutional rights by running this immigration status check, because it is a ‘shall,’ or do we run afoul of the policy and the Montana code that requires us to do this?” said Jessie Luther, representing the Association of Montana Troopers.

Jessie Luther, representing the Association of Montana Troopers, expressed concerns about the language in House Bill 278, which would require law enforcement to check drivers' immigration status whenever making a traffic stop, during a hearing Jan. 29, 2025.

Those law enforcement groups said they could support the bill if it was amended to say officers “may” check immigration status, instead of “shall” check.

“I think making this a ‘may’ on Line 1 would show that the Legislature wants law enforcement officers, peace officers in the state of Montana to enforce this law,” said Brian Thompson, representing the Sheriffs and Peace Officers Association.

Patrick Yawakie, representing the Blackfeet Nation, Chippewa Cree Tribe of Rocky Boy and Fort Belknap Indian Community, said the tribes had concerns that HB 278’s implementation would lead to discrimination against tribal members. He noted that several Montana tribes have recommended their members make sure to carry their tribal ID when traveling, in light of the Trump administration beginning a crackdown on illegal immigration.

“As the largest minority, who share similar physical characteristics of Central and South American peoples, we see how House Bill 278 will create high risks of wrongful detention and higher risks of trauma induced in our communities, leading to litigation from Montana tribal communities,” he said.

Patrick Yawakie, representing the Blackfeet Nation, Chippewa Cree Tribe of Rocky Boy and Fort Belknap Indian Community, spoke against House Bill 278, which would require law enforcement to check drivers' immigration status whenever making a traffic stop, during a hearing Jan. 29, 2025.

Hayter said, currently, MHP troopers would generally not look further into someone’s immigration status if they present a valid driver’s license during a traffic stop.

“In most of the cases we're talking about, people aren't providing any identification to us, and so as a means of trying to identify them, we then have to contact our federal partners to see if they're able to identify them to us,” he said.

Hayter and Nicol both said, in light of the testimony during Wednesday’s hearing, they’re open to possible discussions about changing the “shall” language to “may.”

“I just want this to work for everyone, and I want our peace officers to be safe, and I also want them to be able to check if there is suspicion,” said Nicol.

The committee took no immediate action on HB 278.