SF 3771
Introduction - 94th Legislature (2025 - 2026)
Posted on 02/24/2026 09:55 a.m.
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A bill for an act
relating to public safety; modifying certain trespass offenses to require a warrant
signed by a judicial officer for immigration enforcement; prohibiting detention of
persons subject to civil immigration detainers issued by the federal government;
amending Minnesota Statutes 2024, section 609.605, subdivisions 1, 2, 4, 4a;
proposing coding for new law in Minnesota Statutes, chapter 629.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 609.605, subdivision 1, is amended to read:
Subdivision 1.
Misdemeanor.
(a) The following terms have the meanings given them
for purposes of this section.
(1) "Premises" means real property and any appurtenant building or structure.
(2) "Dwelling" means the building or part of a building used by an individual as a place
of residence on either a full-time or a part-time basis. A dwelling may be part of a
multidwelling or multipurpose building, or a manufactured home as defined in section
168.002, subdivision 16.
(3) "Construction site" means the site of the construction, alteration, painting, or repair
of a building or structure.
(4) "Owner or lawful possessor," as used in paragraph (b), clause (9), means the person
on whose behalf a building or dwelling is being constructed, altered, painted, or repaired
and the general contractor or subcontractor engaged in that work.
(5) "Posted," as used:
(i) in paragraph (b), clause (4), means the placement of a sign at least 8-1/2 inches by
11 inches in a conspicuous place on the exterior of the building, or in a conspicuous place
within the property on which the building is located. The sign must carry a general notice
warning against trespass;
(ii) in paragraph (b), clause (9), means the placement of a sign at least 8-1/2 inches by
11 inches in a conspicuous place on the exterior of the building that is under construction,
alteration, or repair, or in a conspicuous place within the area being protected. If the area
being protected is less than three acres, one additional sign must be conspicuously placed
within that area. If the area being protected is three acres but less than ten acres, two
additional signs must be conspicuously placed within that area. For each additional full ten
acres of area being protected beyond the first ten acres of area, two additional signs must
be conspicuously placed within the area being protected. The sign must carry a general
notice warning against trespass; and
(iii) in paragraph (b), clause (10), means the placement of signs that:
(A) carry a general notice warning against trespass;
(B) display letters at least two inches high;
(C) state that Minnesota law prohibits trespassing on the property; and
(D) are posted in a conspicuous place and at intervals of 500 feet or less.
(6) "Business licensee," as used in paragraph (b), clause (9), includes a representative
of a building trades labor or management organization.
(7) "Building" has the meaning given in section 609.581, subdivision 2.
new text begin
(8) "Judicial officer" means a judge or justice of the United States, a United States
magistrate judge, or a clerk of the court authorized to sign a warrant pursuant to rule 9 of
the Federal Rules of Criminal Procedure.
new text end
(b) A person is guilty of a misdemeanor if the person intentionally:
(1) permits domestic animals or fowls under the actor's control to go on the land of
another within a city;
(2) interferes unlawfully with a monument, sign, or pointer erected or marked to designate
a point of a boundary, line or a political subdivision, or of a tract of land;
(3) trespasses on the premises of another and, without claim of right, refuses to depart
from the premises on demand of the lawful possessor;
(4) occupies or enters the dwelling or locked or posted building of another, without claim
of right or consent of the owner or the consent of one who has the right to give consent,
except in an emergency situation;
(5) enters the premises of another with intent to take or injure any fruit, fruit trees, or
vegetables growing on the premises, without the permission of the owner or occupant;
new text begin
(6) enters the premises of another for the purpose of civil immigration enforcement
without (i) a warrant signed by a judicial officer authorizing the arrest or detention of an
individual, and (ii) probable cause to believe that the individual is on the premises;
new text end
deleted text begin (6)deleted text end new text begin (7)new text end enters or is found on the premises of a public or private cemetery without
authorization during hours the cemetery is posted as closed to the public;
deleted text begin (7)deleted text end new text begin (8)new text end returns to the property of another with the intent to abuse, disturb, or cause distress
in or threaten another, after being told to leave the property and not to return, if the actor is
without claim of right to the property or consent of one with authority to consent;
deleted text begin (8)deleted text end new text begin (9)new text end returns to the property of another within one year after being told to leave the
property and not to return, if the actor is without claim of right to the property or consent
of one with authority to consent;
deleted text begin (9)deleted text end new text begin (10)new text end enters the locked or posted construction site of another without the consent of
the owner or lawful possessor, unless the person is a business licensee;
deleted text begin (10)deleted text end new text begin (11)new text end enters the locked or posted aggregate mining site of another without the consent
of the owner or lawful possessor, unless the person is a business licensee; or
deleted text begin (11)deleted text end new text begin (12)new text end crosses into or enters any public or private area lawfully cordoned off by or at
the direction of a peace officer engaged in the performance of official duties. As used in
this clause: (i) an area may be "cordoned off" through the use of tape, barriers, or other
means conspicuously placed and identifying the area as being restricted by a peace officer
and identifying the responsible authority; and (ii) "peace officer" has the meaning given in
section 626.84, subdivision 1. It is an affirmative defense to a charge under this clause that
a peace officer permitted entry into the restricted area.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to crimes committed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2024, section 609.605, subdivision 2, is amended to read:
Subd. 2.
Gross misdemeanor.
new text begin (a) new text end Whoever trespasses upon the grounds of a facility
providing emergency shelter services for battered women, as defined under section 611A.31,
subdivision 3, or providing comparable services for sex trafficking victims, as defined under
section 609.321, subdivision 7b, or of a facility providing transitional housing for battered
women and their children or sex trafficking victims and their children, without claim of
right or consent of one who has right to give consent, and refuses to depart from the grounds
of the facility on demand of one who has right to give consent, is guilty of a gross
misdemeanor.
new text begin
(b) Whoever trespasses upon the grounds of a facility described in paragraph (a) for the
purpose of civil immigration enforcement without (1) a warrant signed by a judicial officer
authorizing the arrest or detention of an individual, and (2) probable cause to believe that
the individual is on the premises is guilty of a gross misdemeanor.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to crimes committed on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2024, section 609.605, subdivision 4, is amended to read:
Subd. 4.
Trespasses on school property.
(a) It is a misdemeanor for a person to enter
or be found in a public or nonpublic elementary, middle, or secondary school building unless
deleted text begin the persondeleted text end :
(1) new text begin the person new text end is an enrolled student in, a parent or guardian of an enrolled student in,
or an employee of the school or school district;
(2) new text begin the person new text end has permission or an invitation from a school official to be in the building;
(3) new text begin the person new text end is attending a school event, class, or meeting to which the person, the
public, or a student's family is invited; deleted text begin or
deleted text end
(4) new text begin the person new text end has reported the person's presence in the school building in the manner
required for visitors to the schoolnew text begin ; or
new text end
new text begin (5) if the person is in the building for the purpose of civil immigration enforcement and
the person is alone or accompanied by one other person, either person has (i) a warrant
signed by a judicial officer authorizing the arrest or detention of an individual, and (ii)
probable cause to believe that the individual is in the public or nonpublic elementary, middle,
or secondary school buildingnew text end .
(b) It is a misdemeanor for a person to be on the roof of a public or nonpublic elementary,
middle, or secondary school building unless the person has permission from a school official
to be on the roof of the building.
(c) It is a gross misdemeanor for a group of three or more persons to enter or be found
in a public or nonpublic elementary, middle, or secondary school building unless one of the
persons:
(1) is an enrolled student in, a parent or guardian of an enrolled student in, or an employee
of the school or school district;
(2) has permission or an invitation from a school official to be in the building;
(3) is attending a school event, class, or meeting to which the person, the public, or a
student's family is invited; or
(4) has reported the person's presence in the school building in the manner required for
visitors to the school.
new text begin
(d) A group of three or more persons in the building for the purpose of civil immigration
enforcement does not violate paragraph (c) if one of the persons has (1) a warrant signed
by a judicial officer authorizing the arrest or detention of an individual, and (2) probable
cause to believe that the individual is in the public or nonpublic elementary, middle, or
secondary school building.
new text end
deleted text begin (d)deleted text end new text begin (e)new text end It is a misdemeanor for a person to enter or be found on school property within
one year after being told by the school principal or the principal's designee to leave the
property and not to return, unless the principal or the principal's designee has given the
person permission to return to the property. As used in this paragraph, "school property"
has the meaning given in section 152.01, subdivision 14a, clauses (1) and (3).
deleted text begin (e)deleted text end new text begin (f)new text end A school principal or a school employee designated by the school principal to
maintain order on school property, who has reasonable cause to believe that a person is
violating this subdivision may detain the person in a reasonable manner for a reasonable
period of time pending the arrival of a peace officer. A school principal or designated school
employee is not civilly or criminally liable for any action authorized under this paragraph
if the person's action is based on reasonable cause.
deleted text begin (f)deleted text end new text begin (g)new text end A peace officer may arrest a person without a warrant if the officer has probable
cause to believe the person violated this subdivision within the preceding four hours. The
arrest may be made even though the violation did not occur in the peace officer's presence.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to crimes committed on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2024, section 609.605, subdivision 4a, is amended to read:
Subd. 4a.
Trespass on a school bus.
(a) As used in this subdivision, "school bus" has
the meaning given in section 169.011, subdivision 71.
(b) As used in this subdivision, "pupils" means persons in grades prekindergarten through
grade 12.
(c) A person who boards a school bus when the bus is on its route or otherwise in
operation, or while it has pupils on it, and who refuses to leave the bus on demand of the
bus operator, is guilty of a misdemeanor.
new text begin
(d) A person who boards a school bus for the purpose of civil immigration enforcement
when the bus is on the bus route or otherwise in operation, or while the bus has pupils on
it, without (1) a warrant signed by a judicial officer authorizing the arrest or detention of
an individual, and (2) probable cause to believe that the individual is on the premises is
guilty of a misdemeanor.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to crimes committed on or after that date.
new text end
Sec. 5.
new text begin
[629.80] CIVIL IMMIGRATION ENFORCEMENT; ARREST AND
DETENTION.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Civil immigration warrant" means a document, regardless of whether it is entered
in the National Crime Information Center database, signed by a person other than a judge
or justice of the United States, a United States magistrate judge, or a clerk of the court
authorized to sign a warrant pursuant to rule 9 of the Federal Rules of Criminal Procedure
that authorizes or requests the arrest or detention of a person pursuant to federal immigration
law.
new text end
new text begin
(c) "Jailer" means a person responsible for operating or administering a state or local
correctional facility, jail, or secure treatment facility located in the state.
new text end
new text begin
(d) "Peace officer" has the meaning given in section 626.84, subdivision 1, paragraph
(c).
new text end
new text begin Subd. 2. new text end
new text begin Prohibition. new text end
new text begin
A peace officer or jailer may not arrest, hold, or otherwise detain
a person solely based on a civil immigration warrant.
new text end