as introduced - 93rd Legislature (2023 - 2024) Posted on 03/13/2023 10:12am
A bill for an act
relating to public safety; making Minnesota a sanctuary state for immigration
enforcement purposes; restricting state and local officials from cooperating with
federal immigration enforcement efforts; proposing coding for new law in
Minnesota Statutes, chapter 629.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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(a) As used in this section, the following terms have the
meanings given.
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(b) "Civil immigration warrant" means a warrant for a violation of federal civil
immigration law not issued by a United States District Court judge. The term includes but
is not limited to a civil immigration warrant entered in the National Crime Information
Center database.
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(c) "Federal immigration authority" means an officer, employee, or other person paid
by or acting as an agent of United States Immigration and Customs Enforcement, United
States Department of Homeland Security, United States Marshals Service, United States
Customs and Border Patrol, or any other federal agency that is charged with immigration
enforcement.
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(d) "Government agent" means an agent or employee of the state of Minnesota or a local
unit of government of the state of Minnesota. The term includes, but is not limited to:
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(1) an agent or employee of a police or security department of a public primary school,
a public secondary school, or a public institution of higher education;
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(2) a teacher, professor, staff member, or employee at a public primary or secondary
school, or public college or university;
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(3) an employee or agent of a publicly owned health care facility or a health care
professional under contract with a facility;
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(4) a peace officer, as defined in section 626.84, subdivision 1;
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(5) an agent or employee of a law enforcement agency; and
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(6) an agent or employee of a court of the state of Minnesota or a local government unit
of the state of Minnesota.
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(e) "Immigration enforcement" includes all efforts to investigate, arrest, enforce, or assist
in the investigation or arrest or enforcement of federal civil immigration law, including but
not limited to violations of United States Code, title 8, sections 1253, 1324(c), 1325, and
1326.
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(f) "Judicial warrant" means a warrant based upon probable cause issued by a federal
judge or federal magistrate judge that authorizes federal immigration authorities to take into
custody the person who is the subject of the warrant.
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(g) "Law enforcement agency" has the meaning given in section 626.84, subdivision 1,
and also includes a correctional facility as defined in section 241.021, subdivision 1, the
Departments of Corrections and Public Safety, and local corrections agencies.
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(a) A government agent shall not, for immigration
enforcement purposes:
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(1) apply for or receive any federal funds that requires increased information sharing
for immigration enforcement purposes between federal, state, and local law enforcement,
or that requires any type of immigration enforcement action on the part of a government
agent;
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(2) stop, question, investigate, detain, detect, report, or arrest a person;
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(3) respond to a hold, notification, civil immigration warrant, or transfer request from
federal immigration authorities, including but not limited to a detainer request made by
United States Immigration and Customs Enforcement;
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(4) disclose not public data, as defined in section 13.02, subdivision 8a, except pursuant
to a valid search warrant or court order;
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(5) make an arrest based on a civil immigration warrant;
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(6) give federal immigration authorities access to interview a person in law enforcement
agency custody or otherwise under the jurisdiction, care, or supervision of the agent;
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(7) perform the functions of an immigration officer, whether pursuant to United States
Code, title 8, section 1357(g), or any other formal or informal law, regulation, policy, or
request; and
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(8) support or assist in civil immigration enforcement operations, including the
establishment of traffic perimeters.
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(b) A law enforcement official shall not stop, arrest, search, or detain an individual to:
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(1) investigate a suspected immigration violation; or
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(2) inquire about immigration or citizenship status or place of birth of an arrestee or
victim of a crime.
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(c) A government agent or nongovernmental organization that receives funding from
the state of Minnesota or a local unit of government of the state of Minnesota shall not:
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(1) use governmental funds, facilities, property, equipment, or personnel to investigate,
enforce, or assist in the investigation or enforcement of any federal program requiring
registration of individuals on the basis of race, gender, sexual orientation, religion, or national
or ethnic origin;
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(2) make a governmental database available, in whole or in part, to any person or entity
for the purpose of immigration enforcement or investigation or enforcement of any federal
program requiring registration of individuals on the basis of race, gender, sexual orientation,
religion, immigration status, or national or ethnic origin; or
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(3) participate in any manner in the creation or maintenance of a registry described in
clause (1) or (2).
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(d) A law enforcement agency shall not place a law enforcement officer under the
supervision of a federal agency or employ a law enforcement officer deputized as a special
federal officer or special federal deputy for immigration enforcement purposes, including
under Immigration and Naturalization Act Section 287(g).
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(e) A government agent shall not, at the request of any federal authority, without a
judicial warrant:
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(1) transfer an individual to any federal authority for purposes of immigration
enforcement;
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(2) detain an individual; or
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(3) notify any federal authority of release information.
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(f) A government agent shall not act contrary to the "Sensitive Locations" policy of
Immigration and Customs Enforcement, or take any action against a religious organization
based solely upon the religious, social, or political affiliation or beliefs of the organization.
This paragraph does not apply to actions taken in response to duly enacted laws, rules, or
executive orders.
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(g) A government agent shall not discriminate or take adverse action against a person
based on the person's immigration status or at the direction of an agent of the federal
government, unless the action is specifically required by state law.
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(h) A government agent may not inquire into the immigration status of a person the
agent encounters or interacts with.
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(a) By December 31, 2023, the commissioner of public
safety, in consultation with appropriate stakeholders, shall adopt and disseminate model
policies consistent with this section and sections 629.81 to 629.83 to ensure that all Minnesota
state and local government offices, public schools, hospitals, and courthouses remain safe
and accessible to all Minnesota residents, regardless of immigration status.
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(b) By December 31, 2023, all government offices, public schools, hospitals, and
courthouses shall establish and publish policies that prohibit immigration enforcement on
their premises consistent with this section and sections 629.81 to 629.83 and to the fullest
extent possible consistent with federal and state law.
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Nothing in this section prevents a government agent from:
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(1) responding to a request from federal immigration authorities for information about
a specific person's criminal record when allowed by state law or a lawful subpoena;
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(2) sending to or receiving from any local, state, or federal agency information regarding
the citizenship or immigration status, lawful or unlawful, of an individual pursuant to United
States Code, title 8, sections 1373 and 1644; or
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(3) responding 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; I-854 Inter-Agency Alien Witness and Informant
Record; or any other request for documentation from a noncitizen victim of a crime.
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This section is effective the day following final enactment.
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To ensure that eligible individuals are not deterred from seeking services or engaging
with state agencies, all state agencies shall review their confidentiality policies. This review
must identify any changes necessary to ensure that information collected from individuals:
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(1) is limited to that which is necessary to perform agency duties; and
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(2) is not used or disclosed for:
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(i) inquiries into immigration status unless required by federal law or necessary to make
a determination of eligibility; or
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(ii) any other unauthorized purpose.
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Any necessary changes to those policies shall be made as expeditiously as possible, consistent
with agency or department procedures.
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This section is effective the day following final enactment.
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Any existing agreement that allows access to any information in a state or local database
and that conflicts with section 629.80 is void.
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The Attorney General's Office shall establish
a system for the public and state and local employees to report alleged violations of this
section and sections 629.80 to 629.82. At a minimum, the system shall include a telephone
hotline, electronic complaint portal, and written complaint process that is accessible in
multiple languages and advertised to communities most likely to be affected by immigration
enforcement and deportation activities. Upon receiving a report of an alleged violation of
this section and sections 629.80 to 629.82, the Attorney General's Office must coordinate
the investigation of the alleged violation and notify any individual who has been affected
by the alleged violation. On a semiannual basis, the Attorney General's Office shall issue
a public report containing aggregate information regarding any alleged violations, including
but not limited to:
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(1) the number of alleged violations reported;
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(2) the type of alleged violation;
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(3) the agency from which the alleged violation originated;
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(4) the ultimate conclusion as to whether the alleged violation was founded; and
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(5) the remedial and disciplinary actions taken in response to any founded violations.
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A violation of this section and sections 629.80 to
629.82 may be considered employment misconduct by an employer.
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This section is effective the day following final enactment.
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