Skip to main content

Montana Immigration Laws

Immigration law is primarily federal, but Montana has several state-level policies that affect immigrants. Montana takes a cooperative enforcement posture with federal immigration agencies and does not have sanctuary city policies. The state does not allow undocumented immigrants to obtain driver's licenses or receive most public benefits. Montana does not provide in-state tuition for undocumented students.

Last verified: 2026-02-25

Key Montana Statutes

Denial of State Services to Unauthorized ImmigrantsMont. Code Ann. § 1-1-411

Montana law restricts certain state services and benefits to persons lawfully present in the United States, with limited exceptions for emergency services.

SAVE Verification for Driver's LicensesMont. Code Ann. § 61-5-105

Montana requires the Department of Justice to use the Systematic Alien Verification for Entitlements (SAVE) program to verify lawful presence before issuing driver's licenses or state identification. Undocumented immigrants cannot obtain a Montana driver's license.

Cooperation with Federal Immigration EnforcementHB 200 (2025)

Montana bans sanctuary city policies statewide and requires cooperation with federal immigration enforcement agencies, including through 287(g) agreements.

No In-State Tuition for Undocumented StudentsNo enabling statute

Montana does not have a law providing in-state tuition rates for undocumented students. DACA recipients may obtain driver's licenses but do not have access to in-state tuition or state financial aid.

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Montana.

Other Montana Laws

Personal Injury Laws·Criminal Defense Laws·Family Laws·Employment Laws·Bankruptcy Laws·Medical Malpractice Laws·Workers' Compensation Laws·Social Security Disability Laws·Estate Planning Laws·Real Estate Laws·Landlord & Tenant Laws·Business Laws·Intellectual Property Laws·Tax Laws·Elder Laws·Civil Rights Laws·Domestic Violence Laws·Veterans Legal Services Laws·Healthcare & Benefits Laws

FlowLegal Partners Logo
FlowLegalPartnersAccess to Justice

Find licensed attorneys by state and practice area. Legal aid resources, pro bono directories, state law guides, and legal education — all in one place.

ATTORNEY ADVERTISING. FlowLegal Partners LLC is an attorney advertising, directory, and lead generation platform. We are not a law firm and do not operate as a lawyer referral service. We do not practice law, evaluate legal matters, provide legal advice, make legal judgments, or recommend or endorse any specific attorney. AI-generated work product requires attorney review and approval before use. Attorney supervision of all AI output is required and is the sole responsibility of the subscribing firm. Attorneys listed on our platform pay for advertising and/or lead generation services. The presence of an attorney on our platform does not constitute an endorsement or recommendation. Prior results do not guarantee a similar outcome.

© 2025–2026 FlowLegal Partners LLC