HF5062

Purpose

• The bill creates a new crime called trespass in a sensitive space. It is designed to restrict civil immigration enforcement actions on certain places by requiring a warrant signed by a judicial officer before entering those spaces.

Key definitions and terms

• Sensitive space: defined as any of the following when children are present or receiving services
  • public or nonpublic elementary, middle, or secondary schools
  • licensed child care centers (Minnesota Rules chapter 9503)
  • certified license-exempt child care centers (chapter 142C)
  • family day care or group family day care homes
  • a church, synagogue, mosque, or other place of worship
  • a hospital
• Judicial officer: includes a judge or justice of the United States, a United States magistrate judge, or a court clerk authorized to sign a warrant under Rule 9 of the Federal Rules of Criminal Procedure
• Premises: as defined in Minnesota Statutes section 609.605
• Civil immigration enforcement: federal immigration enforcement activity

Main provisions

• New crime: entering the premises of a sensitive space for the purpose of civil immigration enforcement without a warrant signed by a judicial officer authorizing the arrest or detention of an individual, with a reasonable belief that the individual is on the premises, is a misdemeanor.
• Warrant requirement: enforcement actions in sensitive spaces must be backed by an appropriate warrant signed by a judicial officer; without such a warrant, the entry for immigration enforcement is prohibited and punishable as a misdemeanor.

Significance and potential changes to law

• Creates a specific misdemeanor offense for trespass tied to immigration enforcement activities inside sensitive spaces.
• Expands protection to a broad set of locations where people, including children and families, receive services or participate in daily life (schools, child care, houses of worship, hospitals).
• Establishes a guardrail requiring a judicial-authorized warrant, potentially limiting federal immigration enforcement actions in Minnesota schools, child care centers, places of worship, and hospitals.
• Defines cooperation boundaries between state law and federal immigration enforcement, with a focus on protecting spaces where vulnerable populations gather.

Relevant terms - trespass in a sensitive space - sensitive space - civil immigration enforcement - warrant - judicial officer - premises - school - child care center - family day care - place of worship - hospital - misdemeanor