Valley Neighbors Suing State Over Law Allowing Officers to Check Immigration Status During Traffic Stops
The suit references several high-profile stops that have taken place in Flathead County since April
By Mariah Thomas
Another lawsuit has been added to an ongoing saga concerning the handling of traffic stops involving immigrants in the Flathead Valley.
Filed in Lewis and Clark County District Court Tuesday, a new lawsuit brought forth by local nonprofit Valley Neighbors asks the state to permanently enjoin House Bill 278, a piece of legislation that allows law enforcement officers to check immigration status during a lawful stop and requires them to report anyone with an illegal immigration status to a federal immigration agency.
“HB 278 authorizes warrantless arrests for non-jailable offenses and deprives individuals of constitutional protections relying on their national origin and race,” the suit’s text states. “The Court should declare HB 278 unconstitutional and enjoin its enforcement.”
State Rep. Nelly Nicol, R-Billings, sponsored HB 278 during the 2025 session. The bill went into effect on Oct. 1. During a hearing on the bill in February, Nicol said the measure aimed to address human trafficking concerns. It did so by giving the Montana Highway Patrol authorization to check immigration statuses. Prior to the bill’s passage, a ruling in Rios-Diaz v. Montana Highway Patrol in 2013 prevented patrol officers from checking or detaining people to verify their immigration status.
Chase Scheuer, the deputy communications director for Montana Attorney General Austin Knudsen’s office, said the AG’s office hasn’t officially been served.
“However, Attorney General Knudsen looks forward to defending this duly enacted law that will help stop illegal immigration and keep Montana families safe,” Scheuer said.
Valley Neighbors’ suit claims the nonprofit — which exists to welcome and help immigrant families settle into Flathead County — has seen an uptick in local law enforcement using traffic stops as immigration investigations.
The suit’s text refers to several high-profile stops that have taken place in the county since April: the arrest of Beker Rengifo del Castillo, who was in the country legally; a July 12 traffic stop that resulted in the arrest of six immigrants; and a Sept. 14 traffic incident that resulted in the detainment of a mother and her 17-year-old daughter.
Each of those incidents has resulted in protests from local advocacy groups. During a protest in connection to the Sept. 14 events, three Flathead Democracy members were arrested. They were charged with disorderly conduct, criminal trespass and obstructing a police officer. All three have since pleaded not guilty to their charges, according to Whitefish Municipal Court.
The suit’s text claims local law enforcement has cited HB 278 as the reason for increased immigration investigations.
“Montanans should not be subject to criminal investigation and detention based on their race or ethnicity,” said John Skinner, the vice chair of Valley Neighbors’ board. “HB 278 prioritizes illegal and unnecessary immigration investigations over actual public safety concerns. This law encourages racial profiling and erodes trust in police.”
The Flathead Beacon reached out to Whitefish city officials for figures on the number of immigration stops it has made in 2024 versus 2025. City officials did not immediately respond. Whitefish Police Chief Bridger Kelch told the Beacon he did not foresee any changes to the department’s current policies or procedures as a result of HB 278’s passage.
Valley Neighbors has previously waded into the fray when it comes to concerns about racial profiling in Flathead County policing. The nonprofit offered support for a lawsuit filed by Rengifo del Castillo in August. It was the 33-year-old Venezuelan man’s April arrest and detainment by Border Patrol that set off protests in the Flathead Valley.
His lawsuit deals with claims of racial profiling. It was brought against the Whitefish Police Department, Kelch and Officer Michael Hingiss, who conducted the stop that resulted in Rengifo del Castillo’s arrest.
Both Rengifo del Castillo’s suit and Valley Neighbors’ suit are being handled by nonprofit law firm Upper Seven.