Montana
Abortion rights ballot measure to go before Montana voters
Voters will get to decide in November whether they want to protect the right to an abortion in the constitution of Montana, which on Tuesday became the eighth state to put the issue before the electorate this fall.
The Montana Secretary of State’s Office certified that the general election ballot will include the initiative on abortion rights. All but one of the eight states are seeking to amend their constitutions.
Montana’s measure seeks to enshrine a 1999 Montana Supreme Court ruling that said the constitutional right to privacy protects the right to a pre-viability abortion by a provider of the patient’s choice.
Republican lawmakers in the state passed a law in 2023 saying the right to privacy does not protect the right to an abortion. It has yet to be challenged in court.
Opponents of the initiative made several efforts to try to keep it off the ballot, and supporters took several of the issues to court.
Republican Attorney General Austin Knudsen initially determined that the proposed ballot measure was legally insufficient. After the Montana Supreme Court overruled him, Knudsen rewrote the ballot language to say the proposed amendment would “allow post-viability abortions up to birth,” eliminate “the State’s compelling interest in preserving prenatal life” and potentially “increase the number of taxpayer-funded abortions.”
The high court ended up writing its own initiative language for the petitions used to gather signatures, and signature-gatherers reported that some people tried to intimidate voters into not signing.
The Secretary of State’s Office also changed the rules to say the signatures of inactive voters would not count, reversing nearly 30 years of precedent. The office made computer changes to reject inactive voters’ signatures after they had already been collected and after counties began verifying some of them.
Supporters again had to go to court and received an order, and additional time, for counties to verify the signatures of inactive voters. Inactive voters are people who filled out a universal change-of-address form but did not update their address on their voter registration. If counties sent two pieces of mail to that address without a response, voters are put on an inactive list.
Supporters ended up with more than 81,000 signatures, about 10.5% of registered voters. The campaign needed just over 60,000 signatures and to qualify 40 or more of the 100 state House districts by gathering the signatures of at least 10% of the number of people who voted for governor in 2020 in that district. The initiative qualified in 59 districts.
Republican lawmakers have made several attempts to challenge the state Supreme Court’s 1999 ruling, including asking the state Supreme Court to overturn it. The Republican controlled Legislature also passed several bills in 2021 and 2023 to restrict abortion access, including the one saying the constitutional right to privacy does not protect abortion rights.
Courts have blocked several of the laws, such as an abortion ban past 20 weeks of gestation, a ban on prescription of medication abortions via telehealth services, a 24-hour waiting period for medication abortions and an ultrasound requirement — all citing the Montana Supreme Court’s 1999 ruling.
Last week the state Supreme Court ruled that minors in Montana don’t need parental permission to receive an abortion, overturning a 2013 law.
In 2022, Montana voters rejected a referendum that would have established criminal charges for health care providers who do not take “all medically appropriate and reasonable actions to preserve the life” of an infant born alive, including after an attempted abortion. Health care professionals and other opponents argued that it could have robbed parents of precious time with infants born with incurable medical issues if doctors are forced to attempt treatment.
The legality of abortion was turned back to the states when the U.S. Supreme Court overturned Roe v. Wade in June 2022.
Seven states have already put abortion questions before voters since then — California, Kansas, Kentucky, Michigan, Montana, Ohio and Vermont — and in each case abortion supporters won.
Montana
Escobar, Jayapal, Members of Congress Call on Camp East Montana to be Shut Down – Congresswoman Pramila Jayapal
(Washington, D.C.) – Today, Congresswoman Veronica Escobar (TX-16) – joined by Representative Pramila Jayapal, the Ranking Member of the Immigration Integrity, Security, and Enforcement Subcommittee, and 22 other Members of Congress – sent a letter to Department of Homeland Security (DHS) Secretary Kristi Noem and Immigration and Customs Enforcement (ICE) Acting Director Todd Lyons calling for the immediate closure of Camp East Montana in El Paso. They cite urgent humanitarian concerns following multiple deaths in custody, documented unsafe conditions, and serious deficiencies in medical care.
This marks the fourth letter Congresswoman Escobar has sent to DHS and ICE leadership. The previous three letters have gone unanswered.
The letter can be found in its entirety below and here.
“Secretary Noem and Acting Director Lyons:
We are urgently calling on the Department of Homeland Security (DHS or the Department) and U.S. Immigration and Customs Enforcement (ICE) to shut down Camp East Montana in El Paso, Texas.
Camp East Montana has been operational for six months, and at least three people have died at the site since December 2025: Francisco Gaspar-Andres, Geraldo Lunas Campos, and Victor Manuel Diaz. The El Paso County Medical Examiner has officially ruled Lunas Campos’ death a homicide, citing “asphyxia due to neck and torso compression.”
Camp East Montana was constructed in a matter of weeks and opened before construction was complete and it does not have enough federal staff on-site to provide adequate oversight. Over the last several months, Congresswoman Veronica Escobar, in whose district this facility is located, has sent multiple letters to DHS and ICE regarding concerns about the conditions at Camp East Montana, and has received no responses.
According to detainees, there have been constant and consistent problems at the facility since it opened, beginning with the facility’s poor construction and poor ambient temperature control. Upon opening, the drinking water at Camp East Montana tasted foul and made some detainees sick. Detainees continue to be served inadequate meals, including food that is rotten or frozen; last fall, the facility was also consistently failing to make dietary accommodations for detainees. Detainees have shared that they have sporadic access to outside spaces and recreational areas, and that their dormitory pods are cleaned only once every eight days, despite pods housing up to 72 people at a time. Laundry services are not consistent, and people are washing their clothes in the facility showers. Additionally, the facility experiences flooding and sewage backups when it rains, leading to stagnant water.
One of the biggest concerns with the Camp East Montana facility is the inadequate medical care being provided to detainees. Our offices have heard that only the most ill detainees are referred to the medical unit and that there are inconsistencies as to how soon after arriving detainees are able to undergo initial medical screenings. Detainees with chronic health issues who rely on regimented medications for their health have had difficulty accessing necessary medications, including blood pressure medication and insulin.
At least one of the deaths that occurred in ICE custody, the death of Francisco Gaspar-Andres, appears to partially be the result of poor medical care by staff at the facility. According to ICE’s own account, Gaspar-Andres sought medical attention from facility staff for increasingly serious symptoms, but was only transferred to an area hospital once his condition had severely deteriorated.
In addition to our concerns about poor medical care, we are also aware that detainees have experienced irregular access to their legal counsel, including instances of detainees having only two minutes allotted per phone call every 8 days, which is contrary to ICE’s Detention Standards on access to counsel, and that the belatedly created law library lacks adequate resources for the amount of people currently held at the facility. In January 2026, ICE announced the on-site death of Geraldo Lunas Campos “after experiencing medical distress.” ICE opened an investigation into the death, but did not provide a cause of death. However, The Washington Post later reported that another man detained at Camp East Montana had witnessed guards choking Lunas Campos when he refused to enter a segregated housing unit. Weeks later, the El Paso County Medical Examiner ruled that Lunas Campos had experienced “asphyxia due to neck and torso compression” and ruled his death a homicide.
Lunas Campos is the first detainee to die at Camp East Montana as a result of a use-of-force incident, but we are strongly concerned that he will not be the last if ICE is allowed to continue operating Camp East Montana.
ICE was given $45 billion in taxpayer dollars in the reconciliation bill, $1.2 billion of which were awarded to Acquisition Logistics, LLC, a company with no previous experience managing immigration detention facilities, to build and oversee Camp East Montana. However, in the wake of three deaths in custody so far, continued concerns about conditions at the facility, and ICE’s apparent disinterest in responding to oversight letters from Congress, we do not believe Camp East Montana is being run professionally or responsibly.
Camp East Montana must be shut down. For the safety of everyone at the facility, for an end to abuses to detainees, and for fiscal responsibility to the American people, the site cannot continue to operate. We are calling on DHS and ICE to move to immediately close operations at Camp East Montana.
We look forward to hearing from the Department promptly on this matter.
The other co-signers include Representatives Yassamin Ansari, Nanette Barragán, Yvette Clarke, Lloyd Doggett, Maxwell Frost, Jesús “Chuy” García, Sylvia Garcia, Daniel Goldman, Jimmy Gomez, Henry Johnson, Stephen Lynch, Seth Moulton, Eleanor Holmes Norton, Delia Ramirez, Andrea Salinas, Janice Schakowsky, Darren Soto, Rashida Tlaib, Paul Tonko, Lauren Underwood, Gabe Vasquez, and Nydia Velázquez.
Issues: Immigration
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