Purpose

To update Minnesota’s trespass laws to strengthen protections against immigration enforcement actions on private property, by requiring a warrant signed by a judicial officer for such enforcement and by prohibiting detention of people on civil immigration detainers issued by the federal government.

Main provisions

• Warrant requirement for immigration enforcement on property:
  • A law enforcement action related to civil immigration enforcement on private or public property requires a warrant signed by a judicial officer.
  • The warrant must be issued by a judge, United States magistrate judge, or a court clerk authorized to sign warrants under the Federal Rules of Criminal Procedure.
• Prohibition on detaining people based on civil immigration detainers:
  • Minnesota cannot detain individuals solely because they are the subject of a federal civil immigration detainer.
• Expanded and clarified trespass offenses:
  • The bill adds or expands offenses related to trespassing on someone else’s property, including entering or remaining on premises, dwellings, or restricted areas without consent or a valid right.
  • Specific actions prohibited include entering the premises to enforce civil immigration matters without a warrant, entering construction or mining sites without the owner’s consent (with limited exceptions for certain licensees), and returning to property after being told to leave.
  • Offenses also cover situations like interfering with boundary markers or signs and entering cemeteries outside posted hours.
  • It creates an exception for business licensees (e.g., building trades representatives) from certain site-entry prohibitions.
• Signage and posted warnings:
  • Properties being protected must have conspicuous signs warning against trespass.
  • Signs are required to convey that trespassing is prohibited, with letters of a minimum height, and posted at intervals (including across large areas like entire properties or construction/mining sites).
  • For areas over a certain size, additional signs must be placed at specified distances or acreage milestones.
  • Additional signage rules apply for areas under construction or protected land.
• Definitions and scope:
  • Key terms defined to clarify what counts as premises, dwelling, construction site, owner or lawful possessor, and “posted.”
  • The term “judicial officer” includes U.S. judges, U.S. magistrate judges, and certain court clerks authorized to issue warrants under federal rules.
• Affirmative defense for restricted areas:
  • If a peace officer authorized entry into a restricted area permits entry, that entry is an affirmative defense to certain trespass charges.

Significant changes to existing law

• Replaces or supplements existing trespass provisions with a mandatory warrant standard for immigration enforcement on property.
• Explicitly prohibits state detention of individuals solely due to federal civil immigration detainers.
• Broadly expands the set of situations that constitute trespass on premises, including rooms, dwellings, construction sites, mining sites, and areas cordoned off by law enforcement.
• Introduces comprehensive signage requirements for posted trespass warnings, including placement, size, and frequency.
• Clarifies who can be considered a “business licensee” for purposes of exemptions.
• Establishes specific definitions to standardize terms used in trespass cases, including “premises,” “dwelling,” and “posted.”

Key definitions and terms (selected)

• Premises, Dwelling, Construction site, Owner or lawful possessor, Posted, Business licensee, Building, Judicial officer, Civil immigration enforcement, Immigration detainers, Peace officer.

Potential practical impact

• Property owners and managers gain clearer rules about when immigration enforcement can occur on their property.
• Individuals on Minnesota property may be less exposed to immigration enforcement actions without a warrant.
• Law enforcement and construction sites may see changes in how trespass incidents are charged and prosecuted, with more emphasis on warrants and posted notices.

Relevant Terms trespass, trespass offenses, civil immigration enforcement, immigration detainers, warrant, judicial officer, premises, dwelling, construction site, mining site, owner, lawful possessor, posted, signage, business licensee, peace officer, cordoned off area, Federal Rules of Criminal Procedure, warrant signing authority, affirmative defense, detainment.