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Minnesota Legislature

Office of the Revisor of Statutes

HF 106

as introduced - 91st Legislature (2019 - 2020) Posted on 01/17/2019 02:34pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; providing for the enforcement by certain state and local
governmental entities of state and federal laws governing immigration and providing
for certain duties of law enforcement and the courts; providing civil and criminal
penalties; proposing coding for new law in Minnesota Statutes, chapter 609.

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

Section 1.

new text begin [609.93] IMMIGRATION; DEFINITIONS.
new text end

new text begin For the purposes of this section and sections 609.931 to 609.936, the following terms
have the meanings given them:
new text end

new text begin (1) "law enforcement agency" has the meaning given in section 237.82, subdivision 3,
clause (1);
new text end

new text begin (2) "local government" has the meaning given in section 403.21, subdivision 5; and
new text end

new text begin (3) "state criminal justice agency" means an agency of the state charged with detection,
enforcement, prosecution, adjudication, or incarceration with respect to the criminal or
traffic laws of this state. State criminal justice agency also includes a site identified and
licensed as a detention facility by the commissioner of corrections under section 241.021.
new text end

Sec. 2.

new text begin [609.931] LIABILITY OF STATE OR LOCAL LAW ENFORCEMENT FOR
FAILURE TO COMPLY WITH IMMIGRATION DETAINER REQUEST.
new text end

new text begin (a) Except as provided in paragraph (d), a state criminal justice agency, law enforcement
agency, or local government that releases from custody a person who is the subject of an
immigration detainer request issued by United States Immigration and Customs Enforcement
is liable for damages resulting from a felony committed by the person in this state within
ten years following the person's release if:
new text end

new text begin (1) the agency did not detain the person as requested;
new text end

new text begin (2) the person was not a citizen of the United States at the time of release; and
new text end

new text begin (3) the attorney general has petitioned the chief justice of the supreme court to convene
a special three-judge district court panel under section 609.936, subdivision 5, to hear an
action brought under that subdivision against the law enforcement agency or local
government.
new text end

new text begin An immigration detainer request described under this paragraph is presumed to be valid,
regardless of whether the detainer is written or verbal.
new text end

new text begin (b) This section does not create liability for damages that a person who is subject to an
immigration detainer request sustains following the person's release by a law enforcement
agency.
new text end

new text begin (c) Sovereign immunity of the state and governmental immunity of a local government
to suit is waived and abolished to the extent of liability created by this section.
new text end

new text begin (d) A state criminal justice agency, law enforcement agency, or local government is not
liable under paragraph (a) for damages incurred after United States Immigration and Customs
Enforcement subsequently detains the person under that paragraph.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to the release
of a person from custody on or after that date.
new text end

Sec. 3.

new text begin [609.932] ENFORCEMENT OF FEDERAL IMMIGRATION LAW.
new text end

new text begin (a) A peace officer may not stop a motor vehicle or conduct a search of a business or
residence solely to enforce a federal law relating to aliens, immigrants, or immigration,
including the federal Immigration and Nationality Act, United States Code, title 8, section
1101 et seq., unless the officer is acting:
new text end

new text begin (1) at the request of, or providing assistance to, an appropriate federal law enforcement
officer; or
new text end

new text begin (2) under the terms of an agreement between the law enforcement agency employing
the officer and the federal government under which the agency receives delegated authority
to enforce federal law relating to aliens, immigrants, or immigration.
new text end

new text begin (b) A peace officer may arrest an alien not lawfully present in the United States only if
the officer is acting under the authority granted under state or local law.
new text end

Sec. 4.

new text begin [609.933] DUTIES RELATED TO IMMIGRATION DETAINER REQUESTS.
new text end

new text begin (a) A law enforcement agency that has custody of a person subject to an immigration
detainer request issued by United States Immigration and Customs Enforcement shall comply
with, honor, and fulfill any request made in the detainer request and in any other instrument
provided by the federal government.
new text end

new text begin (b) A law enforcement agency shall presume an immigration detainer request is based
on probable cause and is otherwise valid, regardless of whether the detainer request is written
or verbal.
new text end

new text begin (c) Notwithstanding paragraph (b), a law enforcement agency is not required to perform
a duty imposed by paragraph (a) with respect to a person who has provided proof that the
person is a citizen of the United States.
new text end

Sec. 5.

new text begin [609.934] COMPLETION OF SENTENCE IN FEDERAL CUSTODY.
new text end

new text begin (a) This section applies only to a criminal case in which:
new text end

new text begin (1) a court sentences the defendant to a correctional facility; and
new text end

new text begin (2) the defendant is subject to an immigration detainer request.
new text end

new text begin (b) In a criminal case under paragraph (a), the court, at the time of sentencing the
defendant to imprisonment, shall issue an order requiring the correctional facility in which
the defendant is to be confined and all appropriate government officers, including at a
minimum a sheriff or warden, as appropriate, to require the defendant to serve in federal
custody the final portion of the defendant's sentence, not to exceed a period of seven days,
following the facility's or officer's determination that the change in the place of confinement
will facilitate the seamless transfer of the defendant into federal custody. In the absence of
an order issued under this section, a facility or officer acting under exigent circumstances
may perform the transfer after making the determination as provided by this paragraph.
This paragraph applies only if appropriate officers of the federal government consent to the
transfer of the defendant into federal custody under the circumstances described by this
section.
new text end

new text begin (c) If the applicable information described by paragraph (a), clause (2), is not available
at the time sentence is pronounced in the case, the court shall issue the order in paragraph
(b) as soon as the information becomes available. The sentencing court retains jurisdiction
for the purpose of issuing an order under this section.
new text end

new text begin (d) For the purposes of this section, "correctional facility" has the meaning given in
section 241.33, subdivision 3.
new text end

Sec. 6.

new text begin [609.935] PETITION.
new text end

new text begin The attorney general may petition the chief justice of the supreme court to convene a
special three-judge district court panel in any suit filed in a district court in which state or
local government or a law enforcement agency is a defendant in a claim that involves an
alleged violation of section 609.936, subdivision 3.
new text end

Sec. 7.

new text begin [609.936] ENFORCEMENT OF STATE AND FEDERAL IMMIGRATION
LAWS.
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 terms in this subdivision
have the meanings given them.
new text end

new text begin (b) "Campus law enforcement or security office" means a law enforcement agency or
security office of an institution of higher education.
new text end

new text begin (c) "Immigration detainer request" means a request from the federal government to a
local entity, state criminal justice agency, or campus police department to maintain temporary
custody of an alien. The term includes verbal and written requests, including a United States
Department of Homeland Security Form I-247 document or a similar or successor form.
new text end

new text begin (d) "Immigration laws" means the laws of this state or federal law relating to aliens,
immigrants, or immigration, including the federal Immigration and Nationality Act, United
States Code, title 8, section 1101 et seq.
new text end

new text begin (e) "Institution of higher education" means:
new text end

new text begin (1) a public college or university under section 135A.51; or
new text end

new text begin (2) a private or independent educational institution under section 136A.28.
new text end

new text begin (f) "Lawful detention" means the detention of an individual by a law enforcement agency,
local government, or campus law enforcement or security office for the investigation of a
criminal offense. The term excludes a detention if the sole reason for the detention is that
the individual:
new text end

new text begin (1) is a victim of or witness to a criminal offense; or
new text end

new text begin (2) is reporting a criminal offense.
new text end

new text begin (g) "Local entity" means:
new text end

new text begin (1) the governing body of a local government, subject to subdivision 2;
new text end

new text begin (2) an officer or employee of or a division, department, or other body that is part of a
local government, including a local law enforcement agency, city attorney, or county attorney;
and
new text end

new text begin (3) a district attorney.
new text end

new text begin (h) "Policy" includes a formal, written rule, order, ordinance, or policy and an informal,
unwritten policy.
new text end

new text begin Subd. 2. new text end

new text begin Applicability of section. new text end

new text begin (a) This section does not apply to a school district or
charter school. This section does not apply to the release of information contained in
education records of an educational agency or institution, except in conformity with section
13.32 and the Family Educational Rights and Privacy Act of 1974, United States Code, title
20, section 1232g.
new text end

new text begin (b) Subject to paragraph (c), this section does not apply to a hospital to the extent that
the hospital is providing access to or delivering medical or health care services as required
under the following applicable federal or state laws:
new text end

new text begin (1) United States Code, title 42, section 1395dd;
new text end

new text begin (2) United States Code, title 42, section 1396b(v);
new text end

new text begin (3) chapter 256B; and
new text end

new text begin (4) chapter 144.
new text end

new text begin (c) Paragraph (b) does not exclude the application of this section to a peace officer
employed by or commissioned by a hospital otherwise subject to paragraph (b).
new text end

new text begin (d) This section does not apply to local or county public health offices.
new text end

new text begin (e) This section does not apply to a peace officer employed or contracted by a religious
organization during the officer's employment with the organization or while the officer is
performing the contract.
new text end

new text begin Subd. 3. new text end

new text begin Policies and actions regarding immigration enforcement. new text end

new text begin (a) A state criminal
justice agency, local entity, or campus law enforcement or security office shall not:
new text end

new text begin (1) adopt, enforce, or endorse a policy under which the entity, agency, or office prohibits
or discourages the enforcement of immigration laws;
new text end

new text begin (2) by consistent actions prohibit or discourage the enforcement of immigration laws;
or
new text end

new text begin (3) by consistent actions, intentionally violate section 631.50.
new text end

new text begin (b) In compliance with paragraph (a), a state criminal justice agency, local entity, or
campus law enforcement or security office shall not prohibit or discourage a person who is
a peace officer, a corrections officer, or a district attorney or other prosecuting attorney and
who is employed by or otherwise under the direction or control of the state criminal justice
agency, local entity, or campus law enforcement or security office from doing any of the
following:
new text end

new text begin (1) inquiring into the immigration status of a person under lawful detention or under
arrest;
new text end

new text begin (2) with respect to information relating to the immigration status, lawful or unlawful,
of any person under lawful detention or under arrest, including information regarding the
person's place of birth:
new text end

new text begin (i) sending the information to or requesting or receiving the information from United
States Citizenship and Immigration Services, United States Immigration and Customs
Enforcement, or another relevant federal agency;
new text end

new text begin (ii) maintaining the information; or
new text end

new text begin (iii) exchanging the information with another state or local entity or campus law
enforcement or security office;
new text end

new text begin (3) assisting or cooperating with a federal immigration officer as reasonable or necessary,
including providing enforcement assistance; or
new text end

new text begin (4) permitting a federal immigration officer to enter and conduct enforcement activities
at a jail to enforce federal immigration laws.
new text end

new text begin Subd. 4. new text end

new text begin Discrimination prohibited. new text end

new text begin A local entity, state criminal justice agency, campus
law enforcement or security office, or person employed by or otherwise under the direction
or control of the entity, agency, or office may not consider race, color, religion, language,
or national origin while enforcing immigration laws, except to the extent permitted by the
United States Constitution or the Minnesota Constitution.
new text end

new text begin Subd. 5. new text end

new text begin Complaint; equitable relief. new text end

new text begin (a) Any person, including the federal government,
may file a complaint with the attorney general if the person offers evidence to support an
allegation that a local entity, state criminal justice agency, or campus law enforcement or
security office is violating subdivision 3. The person shall include with the complaint the
evidence the person has that supports the complaint.
new text end

new text begin (b) A state criminal justice agency, local entity, or campus law enforcement or security
office for which the attorney general has received a complaint under paragraph (a) shall
comply with a document request, including a request for supporting documents, from the
attorney general related to the complaint.
new text end

new text begin (c) If the attorney general determines that a complaint filed under paragraph (a) against
a state criminal justice agency, local entity, or campus law enforcement or security office
is valid, the attorney general shall, not later than ten days after the date of the determination,
provide written notification to the entity, agency, or office that:
new text end

new text begin (1) the complaint has been filed;
new text end

new text begin (2) the attorney general has determined that the complaint is valid;
new text end

new text begin (3) the attorney general is authorized to file an action to enjoin the violation if the state
criminal justice agency, local entity, or campus law enforcement or security office does not
come into compliance with the requirements of subdivision 3 on or before 90 days after the
date the notification is provided; and
new text end

new text begin (4) the state criminal justice agency, local entity, or campus law enforcement or security
office will be denied state grant funds for the state fiscal year following the year in which
a final judicial determination in an action brought under paragraph (e) is made.
new text end

new text begin (d) Not later than 30 days after the date a state criminal justice agency, local entity, or
campus law enforcement or security office receives written notification under paragraph
(c), the state criminal justice agency, local entity, or campus law enforcement or security
office shall provide the attorney general with a copy of:
new text end

new text begin (1) the entity's, agency's, or office's written policies related to immigration enforcement
actions;
new text end

new text begin (2) each immigration detainer request received by the entity, agency, or office from the
United States Department of Homeland Security; and
new text end

new text begin (3) each response sent by the entity, agency, or office for a detainer request under clause
(2).
new text end

new text begin (e) If the attorney general determines that a complaint filed under paragraph (a) is valid,
the attorney general may petition the chief justice of the supreme court to convene the special
three-judge district court panel under section 609.935 to hear a petition for a writ of
mandamus or other appropriate equitable relief to compel the state criminal justice agency,
local entity, or campus law enforcement or security office that is violating subdivision 3 to
comply with that section. The court shall be convened in Ramsey County or the county in
which the principal office of the state criminal justice agency, local entity, or campus law
enforcement or security office is located. The attorney general may recover reasonable
expenses incurred in obtaining relief under this paragraph, including court costs, reasonable
attorney fees, investigative costs, witness fees, and deposition costs.
new text end

new text begin (f) An appeal of the three-judge district court panel order or judgment under paragraph
(e) may be made to the court of appeals within 20 days of the date of filing of the order or
entry of the judgment. The appellate court shall make its final order or judgment with the
least possible delay.
new text end

new text begin Subd. 6. new text end

new text begin Civil penalty. new text end

new text begin (a) A state criminal justice agency, local entity, or campus law
enforcement or security office that violates subdivision 3 is subject to a civil penalty in an
amount:
new text end

new text begin (1) not less than $1,000 and not more than $1,500 for the first violation; and
new text end

new text begin (2) not less than $25,000 and not more than $25,500 for each subsequent violation.
new text end

new text begin (b) Each day of a continuing violation of subdivision 3 constitutes a separate violation
for the civil penalty under this subdivision.
new text end

new text begin (c) The three-judge district court panel that hears an action brought under subdivision
5 against the state criminal justice agency, local entity, or campus law enforcement or
security office shall determine the amount of the civil penalty under this subdivision.
new text end

new text begin (d) A civil penalty collected under this section shall be deposited in the crime victims
account under section 611A.612.
new text end

new text begin (e) Governmental immunity to a lawsuit is waived and abolished to the extent of liability
created by this section.
new text end

new text begin Subd. 7. new text end

new text begin Criminal offense. new text end

new text begin (a) An elected official of a local entity or an individual who
is appointed by the governing body of a local entity who intentionally or knowingly violates
subdivision 3 commits an offense.
new text end

new text begin (b) An offense under this subdivision is a misdemeanor.
new text end

new text begin Subd. 8. new text end

new text begin Denial of state grant funds; database. new text end

new text begin (a) A state criminal justice agency,
local entity, or campus law enforcement or security office may not receive state grant funds
if the local entity, state criminal justice agency, or campus law enforcement or security
office violates subdivision 3.
new text end

new text begin (b) Except as provided by paragraph (c), state grant funds for a local entity, state criminal
justice agency, or campus law enforcement or security office shall be denied beginning with
the state fiscal year following the year in which a final judicial determination in an action
brought under subdivision 6 is made that the entity, agency, or office has intentionally
violated subdivision 3. State grant funds shall continue to be denied until reinstated under
subdivision 9.
new text end

new text begin (c) State grant funds for the provision of wearable body protective gear used for law
enforcement purposes may not be denied under this section.
new text end

new text begin (d) The commissioner of management and budget shall adopt rules under chapter 14 to
implement this section uniformly among the state agencies from which state grant funds
are distributed to local entities, state criminal justice agencies, and campus law enforcement
or security offices.
new text end

new text begin (e) The attorney general shall develop and maintain a database listing each local entity,
state criminal justice agency, and campus law enforcement or security office for which a
final judicial determination has been made under paragraph (b). The attorney general shall
post the database on the attorney general's website.
new text end

new text begin Subd. 9. new text end

new text begin Reinstatement of state grant funds. new text end

new text begin (a) Except as provided by paragraph (b),
no earlier than one year from the date of a final judicial determination that a local entity,
state criminal justice agency, or campus law enforcement or security office has intentionally
violated subdivision 3, the entity, agency, or office may petition the chief justice of the
supreme court to convene the special three-judge district court panel under section 609.935
to hear an action against the attorney general seeking a declaratory judgment regarding the
entity's or agency's compliance with subdivision 3.
new text end

new text begin (b) A local entity, state criminal justice agency, or campus law enforcement or security
office may petition for the reinstatement of state grant funds under paragraph (a) before the
date established under that paragraph if the person who was the chief executive of the entity,
agency, or office at the time of the violation of subdivision 3 is removed from office.
new text end

new text begin (c) A local entity, state criminal justice agency, or campus law enforcement or security
office that brings an action under paragraph (a) shall comply with a document request,
including a request from the attorney general for supporting documents related to the action.
new text end

new text begin (d) If the court grants a declaratory judgment declaring that the local entity, state criminal
justice agency, or campus law enforcement or security office is in compliance with
subdivision 3, state grant funds for the entity, agency, or office shall be reinstated beginning
with the first day of the month following the month in which the declaratory judgment was
granted.
new text end

new text begin (e) A local entity, state criminal justice agency, or campus law enforcement or security
office may not bring an action under paragraph (a) more than twice in one 12-month period.
new text end

new text begin (f) A party is not entitled to recover any attorney fees in an action under paragraph (a).
new text end

new text begin Subd. 10. new text end

new text begin Community outreach policy. new text end

new text begin (a) Each law enforcement agency that is subject
to the requirements of this section may adopt a written policy requiring the agency to perform
community outreach activities to educate the public that a person employed by or otherwise
under the direction or control of the agency may not inquire into the immigration status of
a detained person if the detention occurred solely because the person:
new text end

new text begin (1) is a victim of or witness to a criminal offense; or
new text end

new text begin (2) is reporting a criminal offense.
new text end

new text begin (b) A policy adopted under this subdivision must include outreach to victims of:
new text end

new text begin (1) family violence, as defined under section 256J.08, subdivision 34a, including victims
receiving domestic abuse counseling or education under section 518B.02; and
new text end

new text begin (2) sexual assault, as defined under section 145.4711, subdivision 5, including victims
receiving services to victims of sexual assault under section 611A.211.
new text end

Sec. 8. new text beginLEGISLATIVE INTENT.
new text end

new text begin It is the intent of the legislature that every provision of this act and every application of
the provisions in this act to each person or entity are severable from each other. If any
application of any provision in this act to any person, group of persons, or circumstances
is found by a court to be invalid for any reason, the remaining applications of that provision
to all other persons and circumstances shall be severed and may not be affected.
new text end

Sec. 9. new text beginWRITTEN POLICY.
new text end

new text begin No later than January 1, 2020, each law enforcement agency subject to this act shall:
new text end

new text begin (1) formalize in writing any unwritten, informal policies relating to the enforcement of
immigration laws; and
new text end

new text begin (2) update the agency's policies to be consistent with this act and to include:
new text end

new text begin (i) provisions prohibiting an agency officer or employee from preventing agency
personnel from taking immigration enforcement actions under Minnesota Statutes, section
609.936, subdivision 3; and
new text end

new text begin (ii) provisions requiring each agency officer or employee to comply with Minnesota
Statutes, sections 609.932 and 609.933, if applicable.
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