HF4972

Purpose

• The bill aims to protect people who are attending court proceedings from civil arrests, and to provide civil remedies if someone obstructs that protection. It creates a new set of laws (Minnesota Statutes Chapter 480C) and makes related changes to existing law so that attendees—such as parties, witnesses, or their court companions—can travel to, be at, and return from court without being subjected to civil arrest for civil immigration issues or related removal procedures.

Key definitions (from 480C.01)

• Civil arrest: taking a person into custody for an alleged civil immigration violation or a brief stop to serve a removal notice (Form I-862) or similar document; excludes arrests for criminal violations, violations of probation/parole, or arrests supported by a judicial warrant.
• Court companion: a broad list of people who may accompany or assist a party or witness, including spouses/partners, family, interpreters, health care providers, advocates, case managers, and even someone who transports a party to court.
• Court proceeding: any matter under a state or administrative court’s jurisdiction, including civil, criminal, and administrative cases.
• Judicial warrant: a written order from a court directing a person to arrest someone.
• Law enforcement agency: any agency with police powers that can make arrests.

Prohibited locations and privilege from civil arrest (480C.02)

• Privilege from civil arrest applies to people attending a court proceeding in the roles of party, witness, potential witness, or court companion. This protection covers:
  • Traveling to and from the proceeding, and being at the court, including remote-access proceedings.
  • The courthouse and its premises, including parking areas.
  • Sidewalks, parkways, and streets surrounding the courthouse.
  • Any public way within 1,000 feet of the courthouse (including adjacent sidewalks and streets).
• Construction notes:
  • The protections do not weaken other rights to arrest or removal, and they apply whether or not a court or rule provides explicit orders.
  • Criminal arrests are not prohibited by this section; a criminal arrest can still be made if there is probable cause or a criminal warrant.
  • Courts may issue orders to protect the privilege from arrest if needed.

Civil action remedies (480C.03)

• If someone violates the civil arrest protection, they may be liable for civil damages for false imprisonment. This includes:
  • Actual damages and statutory damages of $10,000 if the arresting person knew or reasonably should have known the arrested individual was a party, witness, or court companion while going to, staying at, or returning from the court proceeding.
• Other relief:
  • A court may grant additional equitable or declaratory relief as appropriate.
  • Prevailing plaintiffs may be awarded costs and reasonable attorney fees.

Notable changes and effects

• Establishes a new protective framework (Chapter 480C) around civil arrests for people connected to court proceedings.
• Expands protections to include travel to and from court, time at the courthouse, and nearby areas within 1,000 feet, as well as remote or online access to court proceedings.
• Creates a civil damages path (including a $10,000 statutory damages option) for false imprisonment related to civil arrests of eligible court participants.
• Keeps existing criminal arrest procedures intact and clarifies that civil arrest protections do not override criminal law enforcement or warrants.
• Allows courts to issue orders to further protect individuals' privilege from civil arrest.

Relevant Terms - civil arrest - civil immigration violation - removal proceeding - Form I-862 - party - witness - court companion - court proceeding - courthouse - 1,000 feet - privilege from civil arrest - false imprisonment - actual damages - statutory damages - $10,000 - equitable relief - declaratory relief - attorney fees - costs - judicial warrant - law enforcement agency - remote court access