SF3699

Purpose

• The bill aims to protect people who are attending court proceedings from being subjected to civil arrests related to immigration enforcement, by creating a clear prohibition and offering civil remedies if the prohibition is violated. It also clarifies what counts as a civil arrest and who is protected.

Definitions (key terms)

• Civil arrest: An arrest for an alleged civil immigration violation or a brief stop to serve an immigration removal document (Form I-862) that starts removal proceedings. It does not apply to criminal arrests or certain other legally authorized detentions.
• Court companion: A broad category including spouses, partners, family members, interpreters, health care helpers, and others who assist a party, witness, or potential witness related to a court proceeding.
• Court proceeding: Any matter under court jurisdiction, including civil, criminal, and administrative cases.
• Judicial warrant/order: A formal written order from a judge directing an arrest.
• Law enforcement agency: Any agency with police powers at the local, state, or federal level.

Civil arrest prohibited locations (scope of protection)

• A person who is a party, witness, potential witness, or court companion and attends a court proceeding is protected from civil arrest while:
  • Going to, being at, and returning from the court proceeding,
  • While at the courthouse premises and anywhere on the courthouse grounds,
  • In parking facilities serving the courthouse,
  • On sidewalks, parkways, or streets surrounding the courthouse,
  • On any public way within 1,000 feet of the courthouse.
• The protection also covers access to court proceedings held remotely.
• These protections apply regardless of whether a judicial order exists to arrest or other court actions.

Enforcement and exceptions

• Nothing in the bill narrows other rights to arrest that exist under common law or other law.
• The protections do not stop criminal arrests or criminal warrants; a court can still issue warrants for criminal offenses.

Civil action remedies for violations

• If someone violates the civil arrest prohibition, they may be sued for civil damages for false imprisonment.
  • Damages include actual damages and statutory damages of $10,000 if the arrestee was a party witness, potential witness, or court companion going to, remaining at, or returning from the court proceeding at the time of arrest, and the arrestee’s status was known or should have been known.
• A court can grant other equitable or declaratory relief as appropriate.
• A prevailing plaintiff may be awarded costs and reasonable attorney fees.

Relationship to existing law and overall impact

• The bill would codify these protections as a new Minnesota statute chapter (480C) and would amend related provisions to implement these protections.
• It aims to ensure access to the courts and protect participants from civil enforcement actions tied to immigration status or removal proceedings while they are engaging in legitimate court activity.

Relevant terms - civil arrest - Form I-862 - civil immigration violation - court proceeding - party witness - potential witness - court companion - false imprisonment - civil damages - statutory damages - 1,000 feet (proximity to courthouse) - courthouse premises - remote court proceedings - judicial warrant - law enforcement agency - equitable relief - attorney fees