Undocumented Immigrant Rights and Privileges in Montana

What State-Level Rights Do Undocumented Immigrants Have in Montana?

Undocumented immigrants in Montana have the right to receive public education, access public benefits (such as Medicaid and food assistance), have access to emergency services, and obtain driver’s licenses. These rights are guaranteed by the Montana Human Rights Act and other state laws.

Can Undocumented Immigrants Obtain A Driver’S License Or State Id in Montana?

No, undocumented immigrants are not eligible to obtain a driver’s license or a state ID in Montana. According to the Montana Motor Vehicle Division, applicants must provide proof of identity and residency in Montana when applying for a driver’s license or ID. Undocumented immigrants are unable to provide proof of residency and are thus ineligible.

Are Undocumented Students Eligible For In-State Tuition Rates At State Colleges And Universities in Montana?

No, undocumented students are not eligible for in-state tuition rates at state colleges and universities in Montana. Federal law prohibits the granting of in-state tuition to undocumented students.

Can Undocumented Immigrants Access Emergency Healthcare Services in Montana?

Undocumented immigrants in Montana are eligible to receive emergency medical care through the Emergency Medical Services for Non-Citizens (EMSN) Program. This program covers medically necessary emergency services for all Montana residents regardless of immigration status. Eligible individuals who need emergency health care services can access them at any Montana hospital or health care facility.

Are Undocumented Immigrants Eligible For Public Education, Including K-12 Schools, in Montana?

Yes, undocumented immigrants are eligible for public education in Montana. According to the Montana Office of Public Instruction, all children are entitled to public education, regardless of their immigration status. The Children’s Institute of Montana issued a statement in 2017 affirming “all children in Montana have an inalienable right to access public education based on our state Constitution.”

Do Undocumented Immigrants Have The Right To Work in Montana?

No, undocumented immigrants do not have the right to work in Montana. All employers in Montana are required to verify the legal status of those they hire, in compliance with federal law.

Can Undocumented Immigrants Access Public Transportation Services in Montana?

No, undocumented immigrants are not eligible to access public transportation services in Montana. As of January 1, 2017, the Montana Department of Transportation requires all passengers to provide proof of their immigration status before they can access public transportation services.

Are There Any State-Funded Social Services Or Assistance Programs Available To Undocumented Immigrants in Montana?

No, there are currently no state-funded social services or assistance programs available to undocumented immigrants in Montana. However, some private organizations in Montana may offer support services, such as legal advice, health care clinics, and educational support. Additionally, the Montana Immigrant Justice Alliance is a nonprofit organization that works to advance the rights of immigrants in Montana. They provide legal assistance, advocacy, resources and referrals to immigrants living in Montana.

What Protections Are In Place To Prevent Discrimination And Harassment Of Undocumented Immigrants in Montana?

Discrimination and harassment of undocumented immigrants in Montana is prohibited by both state and federal law. The Montana Human Rights Act (MHRA) prohibits discrimination based on race, color, national origin, religion, age, sex, marital status, physical or mental disability, or family status. This includes discrimination and harassment based on an individual’s immigration status or national origin. The MHRA applies to all employers with four or more employees in Montana and covers all aspects of the employment relationship including hiring, suspension, termination, and wages.



Additionally, the federal Immigration and Nationality Act (INA) prohibits discrimination based on an individual’s national origin or citizenship status. The INA applies to any employer with four or more employees engaged in an industry affecting commerce. This includes discrimination based on an individual’s protected class such as their immigration status.



Finally, the Montana Department of Labor & Industry provides resources related to discrimination and harassment prevention in the workplace. These resources include educational materials such as fact sheets on topics such as unlawful discrimination in the workplace and resources for employees who have experienced workplace discrimination.

Do State Laws Provide Any Pathways To Legal Status Or Residency For Undocumented Immigrants in Montana?

No, Montana does not have any laws that provide pathways to legal status or residency for undocumented immigrants. Instead, the state focuses its attention on enforcing immigration laws and preventing undocumented immigrants from entering and living in the state.

Are Undocumented Immigrants Eligible For Any State-Level Financial Aid Or Scholarships For Higher Education in Montana?

No, undocumented immigrants in Montana are not eligible for state-level financial aid or scholarships for higher education. However, they may be eligible for other forms of aid, such as private scholarships and tuition waivers, if certain criteria are met.

What Are The Voting Rights And Political Participation Options For Undocumented Immigrants in Montana?

Unfortunately, undocumented immigrants in Montana do not have any voting rights or political participation options. According to Montana state law, only United States citizens are allowed to register to vote and cast ballots in elections.

Can Undocumented Immigrants Access Legal Representation Or Assistance For Immigration Matters in Montana?

Yes, undocumented immigrants in Montana have access to legal representation and assistance for immigration matters. There are organizations like the Montana Immigrant Justice Alliance and the Immigrant Law Center of Minnesota, which provide legal assistance to immigrants in Montana. Additionally, the American Immigration Lawyers Association (AILA) has a Montana State Chapter which provides immigration lawyers and other resources for immigrants in the state.

Are There Any Specific State Laws Or Policies Addressing The Detention And Deportation Of Undocumented Immigrants in Montana?

Yes, the state of Montana has specific laws and policies regarding immigration and undocumented immigrants. The Montana Legislature passed a law in 2017 that allows the Montana Department of Corrections and Montana Board of Pardons and Parole to enter into 287(g) agreements with the U.S. Department of Homeland Security. This program allows trained state and local law enforcement officers to identify, process, and transfer undocumented immigrants to the custody of the U.S. Immigration and Customs Enforcement (ICE). The 2017 law also requires that state agencies verify immigration status before issuing professional or occupational licenses for certain professions, such as doctors, nurses, attorneys, and lobbyists.

In addition, the state of Montana has specific regulations in place for state and local police departments regarding their interactions with undocumented immigrants. In particular, police officers are not allowed to inquire about a person’s immigration status unless it is directly relevant to an ongoing investigation. Police officers are also required to document any interactions with undocumented immigrants in an official report.

Lastly, the state of Montana has created a statewide advisory council to provide consultation and information regarding immigration issues. The council is composed of representatives from various state agencies, local law enforcement organizations, and other interested parties. The council meets regularly to discuss immigration-related issues and provide feedback on proposed policy initiatives.

Do State-Level Executive Orders Or Policies Protect The Rights Of Undocumented Immigrants in Montana?

No. There are currently no executive orders or policies in place in Montana that protect the rights of undocumented immigrants. In Montana, undocumented immigrants are not allowed to access public services unless they have a valid immigration status. Further, they are not afforded the same protections as U.S. citizens under state law.

Can Undocumented Immigrants Purchase Or Rent Property, Such As Homes Or Apartments, in Montana?

No, undocumented immigrants cannot purchase or rent property in Montana. According to state law, only citizens and legal residents of the United States are allowed to purchase or rent property.

What Is The Process For Obtaining A Business License Or Starting A Business As An Undocumented Immigrant in Montana?

Unfortunately, Montana does not allow undocumented immigrants to legally operate a business. At present, there are no laws in the state of Montana enabling undocumented immigrants to obtain a business license. As such, individuals in this situation would not be able to legally start and operate a business in the state.

Individuals who have recently immigrated to the United States may want to consider applying for a work visa. This would enable them to legally work and start a business in Montana. It is important to note that this process can be lengthy and complex. Montana residents looking for more information about the process should contact the United States Citizenship and Immigration Services (USCIS) for more information.

Are There Any Restrictions On Travel Within The State Or To Other States For Undocumented Immigrants in Montana?

Yes, undocumented immigrants in Montana have restrictions on their travel. They are not allowed to travel to other states without prior authorization from the U.S. Department of Homeland Security (DHS). They may also be subject to additional state laws restricting their travel, such as laws prohibiting undocumented immigrants from entering certain public places or obtaining certain government benefits. Additionally, undocumented immigrants may be subject to detention and deportation if they are caught entering or remaining in the state without authorization.

Do State-Level Laws Provide Any Protection For Undocumented Immigrant Workers From Exploitation Or Unfair Labor Practices in Montana?

No, unfortunately, Montana does not have any state-level laws that specifically protect undocumented immigrant workers from exploitation or unfair labor practices. Although Montana does have several laws related to employment practices, these are not specific to undocumented immigrant workers.

Where Can Undocumented Immigrants Find Resources And Support To Navigate Their State Rights And Privileges in Montana?

Undocumented immigrants in Montana can find resources and support to navigate their state rights and privileges through the Montana Immigrant Justice Alliance (MIJA). MIJA provides a variety of services including legal referrals, know your rights trainings, immigrant integration support, healthcare access, and advocacy. Additionally, the American Civil Liberties Union (ACLU) of Montana provides legal assistance to people with immigration-related issues. The Montana Coalition for Immigrant Rights also provides resources and support to the immigrant community in the state.