SF 4176
1st Engrossment - 94th Legislature (2025 - 2026)
Posted on 03/19/2026 09:38 a.m.
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A bill for an act
relating to immigration; limiting state and local government participation in federal
civil immigration enforcement efforts; restricting where certain arrests can be
made; creating a cause of action for certain violations of constitutional rights;
requiring hospitals to establish and implement policies for interactions with law
enforcement agents; providing for enforcement; providing immunity for certain
acts; prohibiting denial of an education based on immigration status; providing a
civil cause of action when right to education is denied based on immigration status;
classifying data; requiring reports; appropriating money; amending Minnesota
Statutes 2025 Supplement, section 13.32, subdivision 5; proposing coding for new
law in Minnesota Statutes, chapters 13; 120A; 135A; 144; 604; 629; repealing
Minnesota Statutes 2024, sections 631.50; 631.51.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
LIMITATIONS ON CIVIL IMMIGRATION ENFORCEMENT
Section 1.
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[629.80] CIVIL IMMIGRATION ENFORCEMENT; ACTIVITIES
PROHIBITED; POLICIES REQUIRED.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) For purposes of sections 629.80 to 629.82, the following
terms have the meanings given.
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(b) "Civil immigration enforcement" means all efforts to: (1) investigate, detect,
apprehend, or detain an individual with the purpose of enforcing or executing federal
immigration statutes relating to removal, exclusion, or deportation proceedings; deportation
or removal orders; or removal from the United States; or (2) assist in the investigation of,
or civil arrest of, any persons for the purposes of enforcing federal civil immigration law,
including but not limited to violations of United States Code, title 8, sections 1182 and
1227. Civil immigration enforcement does not apply to efforts to assist individuals in
applying for immigration benefits or efforts to prevent deportation or removal from the
United States. Civil immigration enforcement does not include the enforcement of criminal
law.
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(c) "Civil immigration warrant" means a document that is not approved or ordered by a
judge that can form the basis for an individual's arrest or detention for a civil immigration
enforcement purpose. Civil immigration warrant includes Form I-200 Warrant for the Arrest
of Alien, Form I-203 Order to Detain or Release Alien, Form I-205 Warrant of
Removal/Deportation, Form I-286 Notice of Custody Determination, any predecessor or
successor form, and all warrants, hits, or requests contained in the Immigration Violator
File of the FBI's National Crime Information Center database.
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(d) "Federal immigration authority" means an officer, employee, personnel, or agent of
a federal agency that is charged with civil immigration enforcement, including but not
limited to the United States Immigration and Customs Enforcement and the United States
Customs and Border Protection.
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(e) "Government personnel" means a person employed by a government unit.
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(f) "Government unit" means a state department, agency, commission, council, board,
task force, or committee; a constitutional office; a court entity; the Minnesota State Colleges
and Universities; a county, statutory or home rule charter city, or town; a school district; a
special district; or any other board, commission, district, or authority created under law,
local ordinance, or charter provision.
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(g) "Judicial warrant" means a warrant based upon probable cause issued by a state or
federal judge or federal magistrate judge.
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(h) "Public safety agency" means:
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(1) a law enforcement agency as defined in section 626.84, subdivision 1, paragraph (f);
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(2) a correctional facility as defined in section 241.021, subdivision 1i, including a
juvenile facility licensed by the commissioner of human services and subject to section
241.021, subdivision 2;
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(3) an agency providing probation services under section 244.19, subdivision 3; and
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(4) a public or private entity providing security services to an entity that is controlled
by the state of Minnesota, including but not limited to public schools, public universities,
health care facilities, drug rehabilitation facilities, and hospitals.
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(i) "Public safety personnel" means a person employed by a public safety agency.
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new text begin Subd. 2. new text end
new text begin Purpose. new text end
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(a) The purpose of this section is to direct the state of Minnesota's
limited resources to matters of greatest concern to state and local government and to protect
the safety, well-being, and privacy rights of the people of Minnesota.
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(b) The legislature recognizes that the enforcement of federal civil immigration laws is
the exclusive purview of the federal government and that the state should not play a role in
the enforcement of the federal policies, including but not limited to the use of state, county,
and local resources in the detention of individuals not held for criminal or state purposes.
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(c) The legislature finds that the resources of the state are better spent on promoting
public safety, trust in state government and its institutions, and the privacy of its residents.
Trust in state government is central to the public safety and well-being of the people of
Minnesota. Public safety and well-being are eroded when state and local government agencies
participate in federal civil immigration enforcement efforts, as these actions cause immigrant
community members to fear approaching law enforcement to report crimes and deter
community members from accessing basic services, including but not limited to health care
and public education.
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(d) Nothing in this section is intended to hinder, obstruct, or prevent cooperation between
the state and the federal government for purposes of detection, investigation, or enforcement
of criminal activity.
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new text begin Subd. 3. new text end
new text begin Government restrictions. new text end
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(a) A government unit and government personnel
must not:
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(1) apply for money from the State Criminal Alien Assistance Program, or any program
that requires increased information sharing for civil immigration enforcement purposes or
that requires any type of immigration enforcement action by government personnel; or
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(2) enter into, amend provisions of, or renew any contract, intergovernmental service
agreement, or other agreement to house or detain individuals for civil immigration
enforcement purposes.
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(b) A government unit and the unit's personnel must:
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(1) by September 1, 2026, terminate any contract, agreement, or intergovernmental
service agreement that authorizes a government unit, government personnel, a public safety
agency, or public safety personnel to house or detain any person for civil immigration
enforcement purposes;
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(2) by September 1, 2026, terminate any provision of an existing contract, agreement,
or intergovernmental service agreement that applies to the housing or detention of any
person for civil immigration enforcement purposes; and
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(3) create written policies to ensure that:
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(i) government personnel comply with the obligations in this section; and
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(ii) access to any state or local programs or benefits are not unduly restricted based on
immigration or citizenship status unless required by federal or state law.
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new text begin Subd. 4. new text end
new text begin Public safety agency restrictions. new text end
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(a) A public safety agency and public safety
personnel must not:
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(1) comply with a detainer, hold, notification, civil immigration warrant, or transfer
request from federal immigration authorities;
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(2) make, assist in, or participate in any civil immigration enforcement operations,
including but not limited to conducting an arrest or detention of any individual for the
purpose of enforcing civil immigration law, or the establishment of traffic perimeters or
road checkpoints for federal immigration authorities. This paragraph does not apply to any
support provided by a public safety agency to an individual or family impacted by federal
immigration enforcement, even if the support occurs concurrently with the federal
immigration enforcement action;
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(3) apply for or receive federal money, or participate in a program or effort, with the
purpose of using government personnel to assist or otherwise participate in civil immigration
enforcement activities, whether pursuant to United States Code, title 8, section 1357(g), or
any other formal or informal law, regulation, policy, or request;
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(4) investigate, arrest, stop, or detain a person on the basis of a suspected civil
immigration violation, including but not limited to inquiries into a person's citizenship,
immigration status, or birthplace;
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(5) request or use federal immigration authorities for language assistance, translation,
or interpretation during an encounter with public safety or government unit personnel as
the result of but not limited to a traffic stop, an investigation or investigatory stop, a 911
call, an arrest, or any legal proceeding;
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(6) provide facilities, personnel, assistance, or other access other than that provided to
the general public to federal immigration authorities to investigate, interview, or question
for the purpose of civil immigration enforcement a person who is detained or otherwise in
the care of a public safety agency;
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(7) provide access to a database or data that a public safety agency or public safety
personnel has access to, whether or not owned or controlled by a governmental unit, to
federal immigration authorities if the data will be used for purposes of civil immigration
enforcement without a judicial warrant, unless otherwise required by federal law;
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(8) transfer care or control of a person in the custody of a public safety agency to federal
immigration authorities for the purpose of civil immigration enforcement without a judicial
warrant;
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(9) notwithstanding the provisions of chapter 13 and unless an individual is being detained
for a removable offense under federal immigration law, notify or provide information to
federal immigration authorities of an individual's pending release from a public safety
agency's control, court dates, or any information about an individual. This information
includes but is not limited to address information, vehicle registry information, or other data
collected by a government unit, unless required by a judicial warrant or federal law. This
restriction does not apply to a request to complete Form I-918 Supplement B, U
Nonimmigrant Status Certification; Form I-914 Supplement B, Declaration of Law
Enforcement Officer for Victim of Trafficking in Persons; Form I-854, Inter-Agency Alien
Witness and Informant Record; or other request for documentation from a noncitizen victim
of a crime;
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(10) deny access to a program or benefit relating to work release, including but not
limited to the challenge incarceration program under section 244.17 or any other program
that provides release from detention, because of the existence of a detainer, civil immigration
warrant, or other notifications from federal immigration authorities; or
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(11) participate in, or provide access or assistance to, a federal immigration authority to
conduct civil immigration enforcement activities at state courthouses, hospitals, health care
clinics, churches or other places of worship, or schools without a judicial warrant.
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(b) A public safety agency must:
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(1) create or amend written policies that reflect the policies in this section;
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(2) create a written record of data requests from federal immigration authorities, regardless
of whether data or information was shared, and, if data or information was shared with
federal immigration authorities, information as to the justification used must also be recorded;
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(3) create policies in coordination with government units to ensure that all state and local
government offices, public schools, hospitals, and courthouses remain safe and accessible
to all Minnesota residents, regardless of immigration or citizenship status; and
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(4) ensure compliance with all treaty obligations, including consular notification, and
state and federal laws by explaining in writing to any individual committed into the custody
of or detained by the public safety agency, with interpretation into another language if
requested:
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(i) the individual's right to refuse to disclose the individual's nationality, citizenship,
country of birth, or immigration status; and
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(ii) that disclosure of the individual's nationality, citizenship, country of birth, or
immigration status may result in civil or criminal immigration enforcement, including
removal from the United States.
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Sec. 2.
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[629.81] ENFORCEMENT ACTIONS.
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new text begin Subdivision 1. new text end
new text begin Definition. new text end
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For purposes of this section, "injury" means a grievance or
damage arising from being subject to civil immigration enforcement after a violation of
section 629.80 or any other harm suffered as a result of a violation of section 629.80.
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new text begin Subd. 2. new text end
new text begin Persons authorized to bring a civil action. new text end
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The following persons may seek
relief for a violation of section 629.80 by bringing an action in district court:
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(1) an agency or instrumentality of the state;
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(2) a political subdivision of the state or an agency or instrumentality of a political
subdivision of the state;
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(3) an individual who has suffered injury due to a violation, or that individual's family
member or domestic partner; and
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(4) an organization or other entity in the state that, as a primary part of its mission, assists,
represents, advocates for, or otherwise serves Minnesota residents who are not United States
citizens.
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new text begin Subd. 3. new text end
new text begin Defendants. new text end
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The party bringing the enforcement action may sue any individual
or entity that has violated section 629.80, including but not limited to the certification
provisions in section 629.80, subdivision 3.
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new text begin Subd. 4. new text end
new text begin Relief. new text end
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(a) The court may award the following forms of relief to all enforcing
parties:
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(1) preliminary and equitable relief, including injunctive relief, as the court determines
necessary in order to correct or prevent further violations; and
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(2) reasonable attorney fees and costs.
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(b) In addition, the court may award the following relief to the parties identified in
subdivision 2, clause (3):
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(1) actual damages, or statutory damages of $1,000 per violation, whichever is greater;
and
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(2) punitive damages upon proof of knowing or reckless disregard of the law.
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new text begin Subd. 5. new text end
new text begin Nonrestriction of other rights. new text end
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Nothing in this section restricts the right of a
person or class of persons to seek enforcement of section 629.80 under any other statute or
common law or to seek any other form of relief available at law or equity.
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new text begin EFFECTIVE DATE. new text end
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(a) Except as provided in paragraph (b), this section is effective
August 1, 2026, and applies to causes of action accruing on or after that date.
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(b) Subdivision 4, paragraph (b), is effective one year following the date of final
enactment of Minnesota Statutes, section 629.80, or on the date a written policy is
implemented in compliance with Minnesota Statutes, section 629.80, subdivision 3, paragraph
(b), clause (3), and subdivision 4, paragraph (b), clause (1), whichever occurs first.
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Sec. 3. new text begin REPEALER.
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Minnesota Statutes 2024, sections 631.50; and 631.51,
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are repealed.
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ARTICLE 2
PROTECT OUR COURTS ACT
Section 1.
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[629.311] CIVIL ARREST; CERTAIN LOCATIONS.
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new text begin Subdivision 1. new text end
new text begin Title. new text end
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This section shall be known as the "Protect Our Courts Act."
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new text begin Subd. 2. new text end
new text begin Definitions. new text end
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(a) For purposes of this section, the following terms have the
meanings given.
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(b) "Civil arrest" means an arrest that is not:
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(1) for the sole or primary purpose of preparing the person subject to arrest for criminal
prosecution for an alleged violation of the criminal law of:
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(i) this state, or another state, when a sentence of a term of imprisonment is authorized
by law; or
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(ii) the United States, when a sentence of a term of imprisonment is authorized by law
and when federal law requires an initial appearance before a federal judge, federal magistrate,
or other judicial officer pursuant to the Federal Rules of Criminal Procedure that govern
initial appearances; or
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(2) for contempt of the court in which the court proceeding is taking place or will be
taking place.
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(c) "Court proceeding" means any appearance in a court of this state before a judge,
justice, or referee of this state ordered or scheduled by the judge, justice, or referee, or the
filing of papers designed to initiate an appearance before a judge, justice, or referee of this
state.
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(d) "Family or household member" has the meaning given in section 518B.01, subdivision
1, paragraph (b).
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(e) "Judicial warrant" or "judicial order authorizing civil arrest" means an arrest warrant
or other judicial order, issued by a judicial officer sitting in the judicial branch of a local or
state government or of the federal government, authorizing a civil arrest and issued by the
court in which proceedings following such arrest will be heard and determined.
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new text begin Subd. 3. new text end
new text begin Privilege from arrest. new text end
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A person duly and in good faith attending a court
proceeding in which the person is a party or potential witness, or in which a family or
household member is a party or potential witness, is privileged from civil arrest while going
to, remaining at, and returning from the place of a court proceeding, unless civil arrest is
supported by a judicial warrant or judicial order authorizing civil arrest.
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new text begin Subd. 4. new text end
new text begin Violations. new text end
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It is a contempt of the court and false imprisonment for any person
to willfully violate subdivision 3 or an order of the court by executing an arrest prohibited
by subdivision 3 or willfully assisting an arrest prohibited by subdivision 3. Nothing in this
subdivision affects any right or defense of any person, police officer, peace officer, public
officer, or any Minnesota judicial branch personnel acting lawfully pursuant to their duty
to maintain safety and order in the courts.
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new text begin Subd. 5. new text end
new text begin Civil action. new text end
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Regardless of whether a proceeding for contempt of the court
pursuant to subdivision 4 has been initiated:
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(1) a person described in subdivision 3 may bring a civil action for appropriate equitable
and declaratory relief if the person has reasonable cause to believe a violation of this section
has occurred or may occur; and
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(2) the attorney general may bring a civil action in the name of the people of Minnesota
to obtain appropriate equitable and declaratory relief if the attorney general has reasonable
cause to believe that a violation of this section has occurred or may occur.
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new text begin Subd. 6. new text end
new text begin Attorney fees. new text end
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In any successful action under subdivision 5, a plaintiff or
petitioner may recover costs and reasonable attorney fees.
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new text begin Subd. 7. new text end
new text begin Preservation of rights and privileges. new text end
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This section must not be construed to
narrow, or in any way lessen, any common law or other right or privilege of a person
privileged from arrest under this section or otherwise.
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new text begin Subd. 8. new text end
new text begin Immunity from suit. new text end
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No action or proceeding may be commenced under this
section against the Minnesota judicial branch or any Minnesota judicial branch personnel
acting lawfully pursuant to their duty to maintain safety and order in the courts.
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new text begin Subd. 9. new text end
new text begin Certain powers of the courts regarding civil arrests. new text end
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In order to maintain
access to the court and open judicial proceedings for all persons in their individual capacity
and to prevent interference with the needs of judicial administration, a court has the power
to issue appropriate judicial orders to protect the privilege from civil arrest.
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new text begin Subd. 10. new text end
new text begin Report. new text end
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The state court administrator must publish on the Minnesota judicial
branch website and provide to the governor, the speaker of the house, and the majority
leader of the senate an annual report compiling statistics, aggregated by county, setting forth
the date each judicial warrant or judicial order was signed, the judge and court that issued
the judicial warrant or judicial order and the location of that court as shown by the document,
the date the judicial warrant or judicial order was presented to counsel, a description of the
type of judicial warrant or judicial order, and, to the extent known to court personnel, whether
or not an arrest occurred with respect to the warrant and the date and specific location of
the arrest.
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new text begin Subd. 11. new text end
new text begin Severability clause. new text end
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If any clause, sentence, paragraph, subdivision, or part
of this section is adjudged by any court of competent jurisdiction to be invalid, the judgment
does not affect, impair, or invalidate the remainder of this section but must be confined in
its operation to the clause, sentence, paragraph, subdivision, or part of this section directly
involved in the controversy in which the judgment was rendered. It is the intent of the
legislature that this section would have been enacted even without the invalid provisions.
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new text begin EFFECTIVE DATE. new text end
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This section is effective August 1, 2026, and applies to causes
of action accruing on or after that date.
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ARTICLE 3
MINNESOTA BIVENS ACT
Section 1.
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[604.51] ACTION FOR VIOLATION OF CIVIL RIGHTS.
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(a) Any person who, under color of any statute, ordinance, regulation, custom, or usage
of the United States or of any state or territory or the District of Columbia, subjects or causes
to be subjected any citizen of this state or other person within the jurisdiction thereof to the
deprivation of any rights, privileges, or immunities secured by the United States Constitution
or the Minnesota Constitution shall be liable to the party injured in an action at law, suit in
equity, or other proper proceedings for redress.
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(b) In addition to any damages, injunction, or other appropriate relief in any action or
proceedings under this section, the court shall award a prevailing plaintiff reasonable attorney
fees and costs.
new text end
new text begin
(c) An action under this section may not be commenced later than six years after the
cause of action accrues.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2026, and applies to causes
of action accruing on or after that date.
new text end
ARTICLE 4
MINNESOTA HEALTH CARE SANCTITY AND PRIVACY ACT
Section 1.
new text begin
[144.6575] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
For purposes of sections 144.6575 to 144.6578, the following
terms have the meanings given.
new text end
new text begin Subd. 2. new text end
new text begin Commissioner. new text end
new text begin
"Commissioner" means the commissioner of health.
new text end
new text begin Subd. 3. new text end
new text begin Health care facility. new text end
new text begin
"Health care facility" means:
new text end
new text begin
(1) a hospital licensed under sections 144.50 to 144.56;
new text end
new text begin
(2) a medical facility as defined in section 144.561;
new text end
new text begin
(3) a physician's office or health care clinic where licensed practitioners provide health
care to patients;
new text end
new text begin
(4) a nonprofit community clinic, including a federally qualified health center, rural
health clinic, public health clinic, or other community clinic that provides health care;
new text end
new text begin
(5) a nursing home as defined in section 144A.01, subdivision 5; or
new text end
new text begin
(6) an assisted living facility as defined in section 144G.08, subdivision 7.
new text end
new text begin Subd. 4. new text end
new text begin Law enforcement agency. new text end
new text begin
"Law enforcement agency" means any local, state,
or federal entity with statutory police powers and the ability to employ individuals authorized
to make arrests.
new text end
new text begin Subd. 5. new text end
new text begin Judicial warrant. new text end
new text begin
"Judicial warrant" or "judicial order authorizing the arrest"
means a written order from a state court or federal Article III court that directs a law
enforcement agency or another person who is specifically named in the order to arrest a
person.
new text end
new text begin Subd. 6. new text end
new text begin Law enforcement agent. new text end
new text begin
"Law enforcement agent" means a person employed
by a law enforcement agency who is authorized to make a civil arrest.
new text end
new text begin Subd. 7. new text end
new text begin Patient. new text end
new text begin
"Patient" means a person who receives health care services at a health
care facility.
new text end
new text begin Subd. 8. new text end
new text begin Resident. new text end
new text begin
"Resident" means a person admitted to a nursing home or assisted
living facility.
new text end
Sec. 2.
new text begin
[144.6576] LIMITS ON ACCESS TO PREMISES BY LAW ENFORCEMENT
AGENTS ENGAGED IN CIVIL IMMIGRATION ENFORCEMENT.
new text end
new text begin Subdivision 1. new text end
new text begin Limits on access to health care facility premises. new text end
new text begin
A health care facility
must not consent to a law enforcement agent entering a health care facility site for purposes
of civil immigration enforcement unless the law enforcement agent provides the health care
facility employee with a valid judicial warrant. The health care facility employee must
request that the law enforcement agent provide valid identification and must grant entry
only to the areas identified in the judicial warrant.
new text end
new text begin Subd. 2. new text end
new text begin Notification required. new text end
new text begin
A health care facility employee granting entry to a law
enforcement agent engaged in civil immigration enforcement must immediately notify the
person with administrative control of the health care facility and the health care facility's
general counsel or other designated legal representative.
new text end
Sec. 3.
new text begin
[144.6577] HEALTH CARE FACILITIES; POLICIES REGARDING CIVIL
IMMIGRATION ENFORCEMENT ON PREMISES.
new text end
new text begin Subdivision 1. new text end
new text begin
Policies regarding law enforcement agent present at health care
facility.
new text end
new text begin
By ......., a health care facility must develop and implement a policy regarding
interactions between health care facility employees and law enforcement agents present at
the health care facility and involved in civil immigration activities. Each policy must include:
new text end
new text begin
(1) the name and contact information of a person or persons designated to be notified
of the presence of a law enforcement agent at the health care facility. The designated contact
person or persons must be legal counsel of the health care facility or other persons within
the management or administration of the health care facility;
new text end
new text begin
(2) procedures to verify the identity and authority of any law enforcement agent present
at the health care facility, including but not limited to requesting and documenting the first
and last name of the law enforcement agent, the name of the law enforcement agency, and
the badge number of any law enforcement agent present with a patient or resident or
requesting information about a patient or resident; and
new text end
new text begin
(3) procedures regarding a law enforcement agent's access to the health care facility
premises. A law enforcement agent must not access nonpublic areas of a health care facility
unless the law enforcement agent provides to a health care facility employee a valid judicial
warrant or is requested by health care facility staff to respond to a safety or security issue
within the health care facility.
new text end
new text begin Subd. 2. new text end
new text begin Policies regarding release of information to law enforcement agent. new text end
new text begin
By
......., a health care facility must develop and implement a policy regarding releasing patient
or resident information to a law enforcement agent present at the health care facility. Each
policy must include:
new text end
new text begin
(1) procedures to ensure that any protected health information requested by a law
enforcement agent is released in accordance with all applicable state and federal laws,
including the Health Insurance Portability and Accountability Act (HIPAA), if applicable;
and
new text end
new text begin
(2) procedures that provide that, unless required by state or federal law, a health care
facility employee may only release patient or resident information to a law enforcement
agent engaging in civil immigration enforcement if the law enforcement agent provides:
new text end
new text begin
(i) a valid subpoena issued by a federal judge or magistrate;
new text end
new text begin
(ii) a valid order issued by a federal judge or magistrate to require access to the health
care facility premises; or
new text end
new text begin
(iii) a valid warrant issued by a federal judge or magistrate.
new text end
new text begin Subd. 3. new text end
new text begin Policies protecting patient and resident information. new text end
new text begin
By ......., a health care
facility must develop procedures to ensure that patients and residents are provided with the
following documents:
new text end
new text begin
(1) if the health care facility is subject to HIPAA, a notice of privacy practices for
protected health information, including information about the patient's or resident's right to
request an amendment to any protected health information or record about the patient or
resident maintained in a designated record set, which may include a request that any of the
following information be deleted, redacted, or amended: place of birth; immigration or
citizenship status; or information from a birth certificate, passport, permanent resident card,
alien registration card, or employment authorization documents; and
new text end
new text begin
(2) a form enabling a patient or resident to authorize the health care facility to disclose
the patient's or resident's health status, including admission and discharge information, to
the parents, guardians, relatives, or other designees of the patient or resident.
new text end
new text begin Subd. 4. new text end
new text begin Health care facility employee training. new text end
new text begin
A health care facility must provide
health care facility employees, security personnel, and designated contact persons with
training annually on the policies in subdivisions 1 and 2.
new text end
new text begin Subd. 5. new text end
new text begin Policy provided to commissioner. new text end
new text begin
A health care facility must submit the
policies required in subdivisions 1 and 2 to the commissioner by ........ A health care facility
that fails to comply with the requirements in subdivisions 1 and 2 will be notified of
noncompliance by the commissioner and may be subject to the imposition of a fine by the
commissioner.
new text end
new text begin Subd. 6. new text end
new text begin Investigation. new text end
new text begin
The commissioner may investigate and respond to complaints
from patients, residents, health care facility employees, and the public alleging noncompliance
with this section. A health care facility and its agents must not retaliate against a patient, a
resident, employees, or an agent who files a complaint under this section.
new text end
new text begin Subd. 7. new text end
new text begin Posting immigration rights information on premises. new text end
new text begin
A health care facility
must post, either by physical or electronic means, a document providing the phone number
that individuals may call to learn about immigration rights. The document must be posted
on the premises of the health care facility in a conspicuous location that is accessible to
patients, residents, employees, and visitors. The commissioner must develop and provide
the document to health care facilities.
new text end
Sec. 4.
new text begin
[144.6578] LIABILITY LIMITATIONS; DEFENSES.
new text end
new text begin
(a) Nothing in sections 144.6575 to 144.6577 permits an action against a health care
facility employee acting lawfully when engaging in reasonable compliance with the
provisions of sections 144.6575 to 144.6577.
new text end
new text begin
(b) Nothing in sections 144.6575 to 144.6577 affects any right or defense of any health
care facility employee acting lawfully.
new text end
ARTICLE 5
MINNESOTA SAFE SCHOOL ACT
Section 1.
new text begin
[120A.50] DENIAL OF FREE PUBLIC EDUCATION PROHIBITED.
new text end
new text begin Subdivision 1. new text end
new text begin Purpose. new text end
new text begin
The purpose of this section is to secure the right of every child
to equal access to a free public education and a school that is safe from intimidation and
fear, consistent with the United States Supreme Court decision in Plyler v. Doe, 457 U.S.
202 (1982), which held that it is unconstitutional for a state to deny children a free public
education on the basis of immigration status. In order to promote the right to educational
equality, as established under the decision in Plyler v. Doe, schools must take steps to protect
the integrity of school learning environments for all children so that no parent is discouraged
from sending their child to school and no child is discouraged from attending school,
including protection from the threat of immigration enforcement or other law enforcement
activity on a school campus.
new text end
new text begin Subd. 2. 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) "Citizenship or immigration status" means all matters regarding citizenship of the
United States or any other country or the authority or lack thereof to reside in or otherwise
to be present in the United States, including an individual's nationality and country of
citizenship.
new text end
new text begin
(c) "Law enforcement agent" means a peace officer as defined in section 626.84,
subdivision 1, paragraph (c), or a federal law enforcement officer as defined in section
626.77, subdivision 3. Law enforcement agent does not include a school resource officer
as defined in section 626.8482.
new text end
new text begin
(d) "Nonjudicial warrant" means any immigration detainer or civil immigration warrant
issued by a federal agency. Nonjudicial warrant does not include a search warrant as defined
in section 626.05, subdivision 1, or a warrant issued by a judge for the apprehension of a
person charged with offenses.
new text end
new text begin
(e) "School" means a school district, charter school, or cooperative unit as defined in
section 123A.24, subdivision 2.
new text end
new text begin Subd. 3. new text end
new text begin Right to free public education. new text end
new text begin
(a) No child may be denied a free kindergarten
through grade 12 public education while in Minnesota based on the child's actual or perceived
immigration status or the actual or perceived citizenship or immigration status of the child's
parent or guardian.
new text end
new text begin
(b) A school must not exclude a child from participation in or deny a child the benefits
of any program or activity on the grounds of that child's actual or perceived immigration
status or the actual or perceived citizenship or immigration status of the child's parent or
guardian.
new text end
new text begin
(c) A school must not use policies or procedures or engage in practices that have the
effect of excluding a child from participation in or denying the benefits of any program or
activity or the effect of excluding participation of the child's parent or guardian from parental
engagement activities or programs because of the child's actual or perceived immigration
status or the actual or perceived immigration status of the child's parent or guardian. These
policies, procedures, and practices include:
new text end
new text begin
(1) requesting or collecting information or documentation from a student or the student's
parent or guardian about citizenship or immigration status unless required by state or federal
law; and
new text end
new text begin
(2) designating immigration status, citizenship, place of birth, nationality, or national
origin as directory information, as defined by federal and state law.
new text end
new text begin
(d) A school must not:
new text end
new text begin
(1) threaten to disclose anything related to the actual or perceived citizenship or
immigration status of a child or a person associated with the child to any other person or
entity or an immigration or law enforcement agency;
new text end
new text begin
(2) disclose any information related to the actual or perceived citizenship or immigration
status of a child or a person associated with the child to any other person or entity or an
immigration or law enforcement agency; or
new text end
new text begin
(3) disclose any information related to the actual or perceived citizenship or immigration
status of a child or a person associated with the child to any other person or nongovernmental
entity.
new text end
new text begin
(e) Nothing in paragraph (d), clause (2) or (3), may be construed to:
new text end
new text begin
(1) permit the disclosure of student records or information without complying with state
and federal requirements governing the disclosure of the records or information; or
new text end
new text begin
(2) prohibit or restrict an entity from sending to or receiving from the United States
Department of Homeland Security or any other federal, state, or local governmental entity
information regarding the citizenship or immigration status of an individual, in accordance
with United States Code, title 8, sections 1373 and 1644.
new text end
new text begin Subd. 4. new text end
new text begin Required procedures. new text end
new text begin
By July 1, 2027, a school must develop procedures for
reviewing and authorizing requests from law enforcement agents attempting to enter a school
or school facility. The procedures must comply with the requirements of subdivision 3,
paragraph (a), and at a minimum, include procedures for:
new text end
new text begin
(1) reviewing and contacting a designated authorized person at the school or school
facility and the district superintendent's office or school administrative office, who may
contact the school's legal counsel, and procedures for that authorized person or legal counsel
to review requests to enter a school or school facility, including judicial warrants, nonjudicial
warrants, and subpoenas;
new text end
new text begin
(2) monitoring, accompanying, and documenting all interactions with law enforcement
agents while on the school's premises; and
new text end
new text begin
(3) notifying and seeking consent from a student's parent or guardian, or from the student
if the student is 18 years old or older or emancipated, if a law enforcement agent requests
access to a student for immigration enforcement purposes, unless access is in compliance
with a judicial warrant or subpoena that restricts the disclosure of the information to the
student's parent or guardian.
new text end
new text begin Subd. 5. new text end
new text begin Required policy. new text end
new text begin
By July 1, 2027, a school must adopt a policy for complying
with subdivisions 3 and 4.
new text end
ARTICLE 6
MINNESOTA HIGHER EDUCATION IMMIGRATION ENFORCEMENT
ACCOUNTABILITY ACT
Section 1.
new text begin
[135A.152] IMMIGRATION ENFORCEMENT POLICY AND
PRACTICES.
new text end
new text begin Subdivision 1. new text end
new text begin Applicability. new text end
new text begin
(a) This section applies to the following postsecondary
institutions:
new text end
new text begin
(1) institutions governed by the Board of Trustees of the Minnesota State Colleges and
Universities; and
new text end
new text begin
(2) private postsecondary institutions that offer in-person courses on a campus located
in Minnesota and which are eligible institutions as defined in section 136A.103, paragraph
(a), that are participating in the federal program under Title IV of the Higher Education Act
of 1965, Public Law 89-329, as amended.
new text end
new text begin
(b) Institutions governed by the Board of Regents of the University of Minnesota are
requested to comply with this section.
new text end
new text begin Subd. 2. 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) "Immigration enforcement activity" includes any arrests or detentions conducted by
agents or officers of the United States Department of Homeland Security, United States
Immigration and Customs Enforcement, or United States Customs and Border Protection
or any other individual or entity with the power to arrest or detain individuals or manage
custody of detained individuals for purposes of civil immigration enforcement.
new text end
new text begin
(c) "Law enforcement agent" means an agent of a federal, state, or local law enforcement
agency authorized with the power to arrest or detain individuals, or manage the custody of
detained individuals, for purposes of civil immigration enforcement. Law enforcement agent
does not include an agent of a postsecondary institution's police department or campus
security department.
new text end
new text begin Subd. 3. new text end
new text begin Student data and information; application to private institutions. new text end
new text begin
A private
postsecondary institution subject to this section must comply with section 13.375 as if it
were a government entity.
new text end
new text begin Subd. 4. new text end
new text begin Required procedures. new text end
new text begin
(a) A postsecondary institution must adopt procedures
for reviewing and authorizing requests from a law enforcement agent attempting to enter a
postsecondary institution's campus for purposes of civil immigration enforcement. The
procedures must, at a minimum, include the following:
new text end
new text begin
(1) procedures for reviewing and contacting a designated person, office, or department
at the postsecondary institution or postsecondary institution facility to review requests to
enter a postsecondary institution's campus, including judicial warrants or orders, nonjudicial
warrants, and subpoenas;
new text end
new text begin
(2) procedures for documenting the activity of a law enforcement agent on the
postsecondary institution's campus, including verification of the first and last name, employer
or agency, and badge number of the lead law enforcement agent; and
new text end
new text begin
(3) procedures for notifying and seeking consent from any employee or student if a law
enforcement agent requests access to a person, property, or information related to an
employee or student, unless notification and consent is prohibited by a judicial warrant or
subpoena.
new text end
new text begin
(b) A postsecondary institution must adopt procedures designed to:
new text end
new text begin
(1) determine if an immigration enforcement activity is occurring or has occurred on
the institution's campus; and
new text end
new text begin
(2) notify students and employees of any confirmed immigration enforcement activity
if that activity could adversely impact campus safety or operations.
new text end
new text begin Subd. 5. new text end
new text begin Information posting. new text end
new text begin
(a) A postsecondary institution must provide information
on its website about who employees and students should contact if a law enforcement agent
seeks to enter the postsecondary institution campus, enters the postsecondary institution
campus, or engages in nonconsensual interactions with members of the postsecondary
institution community, including employees or students.
new text end
new text begin
(b) A postsecondary institution shall provide immigration enforcement resources on its
website to help students and employees understand their constitutional rights and access
immigration-related guidance. This information shall be posted in a clear and easily accessible
location on the postsecondary institution's primary website.
new text end
new text begin Subd. 6. new text end
new text begin Protection of rights. new text end
new text begin
A postsecondary institution must not impede a student
or employee from or retaliate against a student or employee for offering, attending, or
participating in training on constitutional rights and immigration-related guidance, including,
but not limited to, attending know-your-rights training or sharing know-your-rights flyers.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2026. By ......., a postsecondary
institution must adopt the procedures required under subdivision 4 and post all information
required under subdivision 5.
new text end
Sec. 2. new text begin REPORT ON REQUIRED PROCEDURES.
new text end
new text begin
A postsecondary institution must submit to the commissioner of the Office of Higher
Education a copy of the procedures developed to implement Minnesota Statutes, section
135A.152, subdivision 4. By ......., the commissioner must compile the submitted policies
and report them to the chairs and ranking minority members of the legislative committees
with primary jurisdiction over higher education policy and finance.
new text end
ARTICLE 7
IMMIGRATION DATA
Section 1.
new text begin
[13.035] WRITTEN CERTIFICATION; CIVIL IMMIGRATION
ENFORCEMENT.
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 enforcement" has the meaning given in section 629.80, subdivision
1.
new text end
new text begin
(c) "Federal immigration authority" has the meaning given in section 629.80, subdivision
1.
new text end
new text begin Subd. 2. new text end
new text begin Dissemination prohibited. new text end
new text begin
Notwithstanding any other state law, unless required
by federal law, a judicial warrant, or other court order, a government entity must not
disseminate data on individuals, including data classified as public data on individuals, if
the data will be used for civil immigration enforcement.
new text end
new text begin Subd. 3. new text end
new text begin Presumption. new text end
new text begin
Unless a written certification is submitted pursuant to subdivision
4, data on individuals disseminated to a federal immigration authority are presumed to be
used for civil immigration enforcement.
new text end
new text begin Subd. 4. new text end
new text begin Written certification required. new text end
new text begin
A government entity must not disseminate
data, including data classified as public, to a person other than the subject of the data or a
government entity, unless the person submits a written certification that the data will not
be:
new text end
new text begin
(1) used for civil immigration enforcement; or
new text end
new text begin
(2) disseminated to a person for use in civil immigration enforcement.
new text end
new text begin Subd. 5. new text end
new text begin Relationship to other federal law. new text end
new text begin
Nothing in this section may be construed
to prohibit or restrict a government entity from sending to or receiving from the United
States Department of Homeland Security or any other government entity or federal entity
information regarding the citizenship or immigration status of an individual in accordance
with United States Code, title 8, sections 1373 and 1644.
new text end
Sec. 2.
Minnesota Statutes 2025 Supplement, section 13.32, subdivision 5, is amended to
read:
Subd. 5.
Directory information; data on parents.
(a) Educational data designated as
directory information is public data on individuals to the extent required under federal law.
Directory information must be designated pursuant to the provisions of:
(1) this subdivision; and
(2) United States Code, title 20, section 1232g, and Code of Federal Regulations, title
34, section 99.37, which were in effect on January 3, 2012.
(b) When conducting the directory information designation and notice process required
by federal law, an educational agency or institution shall give parents and students notice
of the right to refuse to let the agency or institution designate specified data about the student
as directory information. This notice may be given by any means reasonably likely to inform
the parents and students of the right.
(c) An educational agency or institution may not designate a student's or parent's home
address, telephone number, email address, or other personal contact information as directory
information under this subdivision. This paragraph does not apply to a postsecondary
institution.
(d) When requested, educational agencies or institutions must share personal student or
parent contact information and directory information, whether public or private, with the
Minnesota Department of Education, as required for federal reporting purposes.
(e) When requested, and in accordance with requirements for parental consent in the
Code of Federal Regulations, title 34, section 300.622 (b)(2), and part 99, educational
agencies or institutions may share personal student or parent contact information and directory
information for students served in special education with postsecondary transition planning
and services under section 125A.08, paragraph (b), clause (1), whether public or private,
with the Department of Employment and Economic Development, as required for
coordination of services to students with disabilities under sections 125A.08, paragraph (b),
clause (1); 125A.023; and 125A.027.
(f) Data concerning parents is private data on individuals but may be treated as directory
information if the same procedures that are used by a school district to designate student
data as directory information under this subdivision are followed, except that a parent's
home address, telephone number, email address, or other personal contact information may
not be treated as directory information under this subdivision.
new text begin
(g) An educational agency or institution may not designate a student's or parent's
immigration status data, as defined in section 13.375, as directory information under this
subdivision.
new text end
Sec. 3.
new text begin
[13.375] IMMIGRATION STATUS DATA.
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) "Immigration status data" means data on individuals that indicate or otherwise have
the effect of identifying that an individual is not, or is likely or suspected not to be, a citizen
or national of the United States.
new text end
new text begin
(c) "Judicial warrant" means a warrant based upon probable cause issued by a state or
federal judge or federal magistrate judge.
new text end
new text begin Subd. 2. new text end
new text begin Classification; threats to disclose. new text end
new text begin
(a) Immigration status data are classified
as private data on individuals.
new text end
new text begin
(b) A government entity must not threaten to unlawfully disclose immigration status
data.
new text end
new text begin Subd. 3. new text end
new text begin Retention. new text end
new text begin
Notwithstanding section 138.17, a government entity must destroy
immigration status data as soon as the purpose for collecting or creating the data is fulfilled
and as soon as permissible under state or federal law.
new text end
new text begin Subd. 4. new text end
new text begin Relationship to other federal law. new text end
new text begin
Nothing in this section may be construed
to prohibit or restrict an entity from sending to or receiving from the United States
Department of Homeland Security or any other federal, state, or local governmental entity
information regarding the citizenship or immigration status of an individual, in accordance
with United States Code, title 8, sections 1373 and 1644.
new text end
APPENDIX
Repealed Minnesota Statutes: S4176-1
631.50 ALIEN INMATES OR MENTALLY ILL PERSONS; NOTICE TO UNITED STATES IMMIGRATION OFFICERS.
When a person who is convicted of a felony or is found to be a person who is mentally ill is committed to the Minnesota Correctional Facility-Stillwater, the Minnesota Correctional Facility-St. Cloud, the county jail, or any other state or county institution which is supported, wholly or in part, by public funds, the chief executive officer, sheriff, or other officer in charge of the state or county institution shall at once inquire into the nationality of the person. If it appears that the person is an alien, the officer shall immediately notify the United States immigration officer in charge of the district in which the correctional facility, jail, or other institution is located of (1) the date of and the reasons for the alien commitment, (2) the length of time for which committed, (3) the country of which the alien is a citizen, and (4) the date on which and the port at which the alien last entered the United States.
631.51 CERTIFIED COPIES OF INDICTMENT OR COMPLAINT FURNISHED TO IMMIGRATION OFFICERS.
Upon the official request of a United States immigration officer to a court committing an alien after conviction of a felony, the court administrator of the committing court shall furnish the officer without charge a certified copy of the complaint or indictment, the judgment, sentence, and any other record pertaining to the case of the convicted alien if:
(1) the immigration officer is in charge of the district or territory in which the court is located; and
(2) the state or county institution is supported, in whole or in part, by public funds.