Purpose

• Limit the involvement of state and local government in federal civil immigration enforcement.
• Focus state resources on matters of public safety, trust, and privacy, and protect the safety and rights of Minnesota residents.
• Ensure protections for education access and civil rights related to immigration status.
• Repeal or amend certain existing laws to reflect these limits and reporting requirements.

Main Provisions

• Prohibit state and local government participation in federal civil immigration enforcement, including detention, arrests, or transfers for immigration purposes.
• Require state hospitals and health care facilities to have policies for interactions with law enforcement.
• Establish that enforcing federal civil immigration laws is the federal government’s duty and the state should not use resources for that purpose.
• Create or strengthen civil rights protections when immigration status affects access to education.
• Require government units to avoid contracts or funding that would involve civil immigration enforcement and to terminate existing contracts by a specified date.
• Require written policies and training to ensure compliance and to prevent undue restriction of services based on immigration status.

Key Definitions (selected)

• Civil immigration enforcement: Efforts to investigate, detect, arrest, or detain individuals to enforce federal immigration laws related to removal, deportation, or removal orders, including certain government actions; does not include enforcement of criminal law.
• Civil immigration warrant: A warrant not approved by a judge that can lead to arrest or detention for civil immigration purposes.
• Federal immigration authority: Personnel or agencies (e.g., ICE, CBP) tasked with civil immigration enforcement.
• Public safety agency/personnel: Law enforcement, correctional facilities, probation services, and security entities that serve the public safety role.
• Government unit: Any state or local government entity (schools, counties, cities, special districts, etc.).
• Judicial warrant: Warrant based on probable cause issued by a court.

Restrictions on Government Units

• Government units must not apply for certain federal funds or participate in programs that would increase information sharing for civil immigration enforcement.
• By a set deadline, government units must terminate contracts or intergovernmental agreements that involve housing or detaining persons for civil immigration enforcement.
• Must create written policies to prevent immigration status from unduly restricting access to state programs or benefits.

Public Safety Agency Restrictions

• Public safety agencies must not comply with detainers, civil immigration warrants, or transfer requests from federal immigration authorities.
• Must not participate in or assist civil immigration enforcement activities (e.g., arrests or routine enforcement actions) and should avoid roadblocks or checkpoints for immigration purposes.
• May not use federal money or participate in programs designed to support civil immigration enforcement.
• Must avoid investigating or detaining people based on citizenship, immigration status, or birthplace.
• Should not provide language interpretation or access to data to federal immigration authorities for civil enforcement without a warrant, with limited exceptions.
• Cannot transfer custody or provide access to individuals in custody for civil immigration enforcement without a judicial warrant.
• May limit sharing of certain information about individuals (e.g., release dates, court dates, addresses) with federal authorities, except in specific cases required by federal law or for recognized victim/witness documentation.
• May deny access to certain work-release or release programs if a detainer or related federal notification exists.
• May not allow civil immigration enforcement activities to occur at state courthouses, hospitals, clinics, churches, or schools without a judicial warrant.
• Must maintain records of data requests from federal immigration authorities and ensure safety and accessibility for all residents, regardless of immigration status.
• Must comply with treaty obligations (e.g., consular notification) and inform individuals about their rights, including the right to refuse to disclose nationality or immigration status and the potential consequences of disclosure.

Education and Rights Protections

• Prohibits denying a student an education based on immigration status.
• Creates civil remedies when the right to education is denied due to immigration status.

Data, Reporting, and Compliance

• Changes to data classification and reporting requirements; some existing statutes are amended or repealed.
• Requires coordination across government units to ensure safety and access for all residents and to prevent misuse of data for immigration enforcement purposes.
• Requires clear, written language about individuals’ rights and about consular notification obligations.

Significance / How It Changes Minnesota Law

• Central shift of responsibility for civil immigration enforcement to the federal government; state and local agencies are restricted from participating.
• Stronger protections for residents’ access to education, health care, and public services regardless of immigration status.
• New civil exposure for violations of rights related to immigration status in education and potentially other public services.
• Expanded duties for public safety agencies to document data requests and to explain rights and protections to individuals in state custody or receiving services.
• Repeals or amends specific statutes related to civil immigration enforcement and housing/detention of individuals for such purposes.

Note

• The bill as introduced also mentions provisions related to funding, reporting, and potential coordination with federal authorities under limited circumstances, but emphasizes limiting state and local involvement in federal civil immigration enforcement and protecting residents’ rights and access to services.

Relevant Terms

• civil immigration enforcement
• federal immigration authorities
• detainer
• civil immigration warrant
• judicial warrant
• public safety agency
• public safety personnel
• government unit
• work release
• consular notification
• language assistance
• data requests
• education rights
• civil rights
• intergovernmental service agreement
• housing or detention for immigration purposes
• rights to education
• information sharing
• removal/deportation
• residency/status access to services