SF4829

Purpose

This provision aims to limit access to Minnesota child care centers by immigration enforcement authorities. It sets rules that officials must follow to enter a center and protects the center from being entered without proper authorization, while clarifying who counts as an employee and when entry is allowed.

Key Definitions

• Child care center: a facility licensed under Minnesota chapter 142B and Rules chapter 9503, or a certified license-exempt center authorized under chapter 142C.
• Employee: the license holder, authorized agent, controlling individual, director, staff, substitutes, and unsupervised volunteers of the center (licensed or license-exempt).
• Judicial officer: a United States judge or justice, a United States magistrate judge, or a clerk of the court authorized to sign a warrant under Rule 9 of the Federal Rules of Criminal Procedure.

Main Provisions

• Access during immigration enforcement (Section 142B.665):
  • A center employee may not consent to entry by federal, state, or local officials involved in civil immigration enforcement unless the official presents a warrant signed by a judicial officer.
  • The employee must request valid identification and a written statement of purpose from the official.
  • If an on-duty official enters the center, the on-duty employee must immediately notify the license holder or authorized agent.
  • This provision does not prevent entry by state, federal, or local officials who administer a state or federally supported child care program.

Significant Changes to Existing Law

• Establishes a new set of requirements governing how immigration enforcement can access child care centers, including the need for a judicially approved warrant, identification, and documented purpose.
• Creates explicit duties for center staff (requesting documents, notifying management) and clarifies who is protected (employees and volunteers) under these access rules.
• Defines who qualifies as a “child care center” for the purposes of this law and who counts as an “employee.”
• Carves out a limited exception for officials administering child care programs that are state or federally supported.

Practical Impact

• Centers gain clearer protections against immigration enforcement visits without a warrant.
• Staff have a defined process to verify authority and inform management if entry occurs.
• Officials working under child care program administration may continue to access centers under applicable program rules.

Relevant Terms - child care center - licensed - certified license-exempt - Minnesota Statutes chapter 142B - 142B.665 - immigration enforcement (civil immigration enforcement) - warrant - judicial officer - on-duty employee - license holder - authorized agent - employee - federal/state/local official - valid identification - written statement of purpose - Rule 9 of the Federal Rules of Criminal Procedure - state or federally supported child care program - entry access restrictions