SF 5022

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/10/2026 09:15 a.m.

A bill for an act
relating to public safety; expanding the obstructing legal process crime; requiring
sheriffs to hold persons subject to an immigration detainer; adding exception to
commonality of powers requirement; prohibiting local ordinances that limit
cooperation with federal immigration officials; amending Minnesota Statutes 2024,
sections 471.59, subdivision 8; 609.50, subdivision 1, by adding a subdivision;
631.50; proposing coding for new law in Minnesota Statutes, chapter 471.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 471.59, subdivision 8, is amended to read:

Subd. 8.

Services performed by county deleted text begin , deleted text end new text begin or sheriff; new text end commonality of powers.

new text begin (a)
new text end Notwithstanding the provisions of subdivision 1 requiring commonality of powers between
parties to any agreement the board of county commissioners of any county may by resolution
enter into agreements with any other governmental unit as defined in subdivision 1 to
perform on behalf of that unit any service or function which that unit would be authorized
to provide for itself.

new text begin (b) Notwithstanding the provisions of subdivision 1 requiring commonality of powers,
a county sheriff must enter into an agreement under United States Code, title 8, section
1357(g), with the federal agency to perform services or functions that the federal agency
would be authorized to provide for itself. A county sheriff does not require authorization
from a county board of commissioners before entering into the agreement.
new text end

Sec. 2.

new text begin [471.9999] SEPARATION ORDINANCES.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "municipality" means a city,
however organized, or a county.
new text end

new text begin Subd. 2. new text end

new text begin Certain ordinances prohibited. new text end

new text begin (a) A municipality must not adopt, enforce,
or endorse an ordinance or policy under which the municipality or instrumentalities of the
municipality prohibit or materially limit the enforcement of immigration laws. Policies
prohibited under this section include but are not limited to any policy that limits or prohibits
an employee or agent of a municipality from:
new text end

new text begin (1) communicating or cooperating with federal agencies or officials to verify or report
the immigration status of a person; or
new text end

new text begin (2) soliciting or inquiring about a person's immigration status in the course of their duties.
new text end

new text begin (b) A policy or ordinance adopted in violation of this section is invalid as of the date of
its adoption and has no force or effect.
new text end

Sec. 3.

Minnesota Statutes 2024, section 609.50, subdivision 1, is amended to read:

Subdivision 1.

Crime.

new text begin (a) new text end Whoever intentionally does any of the following may be
sentenced as provided in subdivision 2:

(1) obstructs, hinders, or prevents the lawful execution of any legal process, civil or
criminal, or apprehension of another on a charge or conviction of a criminal offense;

(2) obstructs, resists, or interferes with a peace officer while the officer is engaged in
the performance of official duties;

(3) interferes with or obstructs a firefighter while the firefighter is engaged in the
performance of official duties;

(4) interferes with or obstructs a member of an ambulance service personnel crew, as
defined in section 144E.001, subdivision 3a, who is providing, or attempting to provide,
emergency care; or

(5) by force or threat of force endeavors to obstruct any employee of the Department of
Revenue, Department of Public Safety Driver and Vehicle Services Division, a driver's
license agent appointed under section 171.061, or a deputy registrar appointed under section
168.33 while the employee is lawfully engaged in the performance of official duties for the
purpose of deterring or interfering with the performance of those duties.

new text begin (b) It is a crime punishable as provided in subdivision 2 for a person to approach or
remain within 25 feet of a peace officer:
new text end

new text begin (1) while knowing or having reason to know of the officer's status and that the officer
is actively engaged in:
new text end

new text begin (i) a lawful arrest;
new text end

new text begin (ii) the transportation or supervision of an arrested person;
new text end

new text begin (iii) crowd control related to an arrest or potential arrest; or
new text end

new text begin (iv) the investigation of a criminal act;
new text end

new text begin (2) after having received a verbal warning from the officer, or another officer on the
scene, not to approach or to back away; and
new text end

new text begin (3) with the intent to impede or interfere with the officer's ability to perform the activity.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2026, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2024, section 609.50, is amended by adding a subdivision to
read:

new text begin Subd. 3. new text end

new text begin Definition. new text end

new text begin As used in this section, "peace officer" has the meaning given in
section 626.84, subdivision 1, and includes a federal law enforcement officer as defined in
section 626.77, subdivision 3.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2026, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2024, section 631.50, is amended to read:

631.50 ALIEN INMATES OR MENTALLY ILL PERSONS; NOTICE TO UNITED
STATES IMMIGRATION OFFICERS.

new text begin (a) new text end 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.

new text begin (b) A sheriff acting pursuant to an agreement entered into under United States Code,
title 8, section 1357(g), shall detain and hold a person who is named as the subject of a valid
immigration detainer, and who is currently incarcerated in the local detention facility under
the sheriff's control, for a period not to exceed 48 hours, excluding Saturdays, Sundays, and
holidays, from the time the person would otherwise be released from custody. The authority
to hold a person under this paragraph is independent of the authority to hold the person
related to a state criminal charge or conviction.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end