HF 3459

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/12/2024 12:00pm

A bill for an act
relating to public safety; ensuring appropriate use of state and local resources by
limiting state and local government participation in federal civil immigration
enforcement efforts; proposing coding for new law in Minnesota Statutes, chapter
629; repealing Minnesota Statutes 2022, sections 631.50; 631.51.

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

Section 1.

new text begin [629.80] CIVIL IMMIGRATION ENFORCEMENT; ACTIVITIES
PROHIBITED; POLICIES REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings given.
new text end

new text begin (b) "Civil immigration enforcement" means all efforts to 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 to 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. This definition
does not apply to efforts to assist individuals in applying for immigration benefits or efforts
to prevent deportation or removal from the United States. This definition does not include
the enforcement of criminal law.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (e) "Government personnel" means a person employed by a government unit.
new text end

new text begin (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.
new text end

new text begin (g) "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 (h) "Public safety agency" means:
new text end

new text begin (1) a law enforcement agency as defined in section 626.84, subdivision 1, paragraph (f);
new text end

new text begin (2) a correctional facility as defined in section 241.021, subdivision 1i, including juvenile
facilities governed by the commissioner of human services and provided for under section
241.021, subdivision 2;
new text end

new text begin (3) an agency providing probation services provided for under section 244.19, subdivision
3; and
new text end

new text begin (4) a public or private entity that provides security services to any of the following
entities if the entity is controlled by the state of Minnesota, including but not limited to
public schools, public universities, health care facilities, drug rehabilitation facilities, and
hospitals.
new text end

new text begin (i) "Public safety personnel" means a person employed by a public safety agency.
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin (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.
new text end

new text begin (b) The legislature recognizes that the enforcement of federal civil immigration laws
are 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 people not held for criminal or state purposes.
new text end

new text begin (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 these
members from accessing basic services, including but not limited to health care and public
education.
new text end

new text begin (d) Nothing in this section is intended to hinder, obstruct, or prevent the cooperation
between the state and the federal government for purposes of detection, investigation, or
enforcement of criminal activity.
new text end

new text begin Subd. 3. new text end

new text begin Government restrictions. new text end

new text begin (a) A government unit, and the unit's personnel,
shall not:
new text end

new text begin (1) disclose, distribute, disseminate, or allow for the disclosure, distribution, or
dissemination of data or information on any individual to any federal immigration authority
if the data or information will be used for civil immigration enforcement, except as required
by state or federal law, a judicial warrant, or other court order;
new text end

new text begin (2) inquire of, ask for, or record a person's immigration or citizenship status, lack of
Social Security number, or type of government identification used, unless the information
is required to fulfill or administer a state or local program, investigate or prosecute a state
crime, fulfill consular notification requirements under international treaty, or otherwise
required by state or federal law;
new text end

new text begin (3) apply for funds 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 on the part of a government agent;
and
new text end

new text begin (4) enter into, amend any provisions of, or renew any contract, or intergovernmental
service agreement, or any other agreement to house or detain individuals for civil immigration
enforcement purposes.
new text end

new text begin (b) A government unit, and the unit's personnel, shall:
new text end

new text begin (1) terminate any contract, agreement, or intergovernmental service agreement that is
utilized to house or detain any person for civil immigration enforcement purposes no later
than .......
new text end

new text begin (2) 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 by .......;
new text end

new text begin (3) amend contracts, agreements, and policies that allow for the dissemination,
distribution, and sharing of data and information collected by government units to private
entities or persons to include restrictions against the reselling, dissemination, or redistribution
of that data to federal immigration authorities or for the purpose of civil immigration
enforcement. No data or information may be disseminated, distributed, or shared under any
agreement that does not contain restrictions as required under this clause;
new text end

new text begin (4) ensure that data or information collected by government units may not be shared
with a person or private entity without a written certification that the information will not
be used for civil immigration enforcement, or resold or redistributed to federal immigration
authorities. This clause does not apply to data or information shared with the person who
is the subject of the data or information; and
new text end

new text begin (5) create written policies in coordination with the Office of New Americans to ensure
that:
new text end

new text begin (i) government personnel will comply with the obligations outlined in this section; and
new text end

new text begin (ii) access to any state or local programs or benefits will not be unduly restricted based
on immigration or citizenship status unless required by federal or state law.
new text end

new text begin Subd. 4. new text end

new text begin Public safety agency restrictions. new text end

new text begin (a) A public safety agency and the agency's
personnel shall not:
new text end

new text begin (1) comply with a detainer, hold, notification, civil immigrant warrant, or transfer request
from federal immigration authorities;
new text end

new text begin (2) make, assist in, or participate in any civil immigration enforcement operations,
including 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;
new text end

new text begin (3) apply for or receive federal funds, 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;
new text end

new text begin (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 birth place, unless relevant to the investigation of a state crime, or
required to fulfill consular notification requirements under treaty obligations;
new text end

new text begin (5) ask for or use federal immigration authorities for language assistance during a traffic
stop or law enforcement encounter;
new text end

new text begin (6) provide facilities, personnel, assistance, or other access beyond what is 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 service agency;
new text end

new text begin (7) provide access to a database or data that a public safety agency has access to, whether
or not owned or controlled by a governmental unit. to federal immigration authorities without
a judicial warrant unless otherwise required by state or federal law;
new text end

new text begin (8) transfer care or control of a person within the custody of a public safety agency to
federal immigration authorities for the purpose of civil immigration enforcement without
a judicial warrant;
new text end

new text begin (9) 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, including but not limited to address information, vehicle registry information,
or other data collected by a government unit, unless required by a judicial warrant, or state
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;
new text end

new text begin (10) deny access to a program or benefit relating to work release, including but not
limited to the challenge program under section 244.17, or any other program that provides
release from detention, because of the existence of a detainer or civil immigration warrant,
or other notifications from federal immigration authorities; and
new text end

new text begin (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.
new text end

new text begin (b) A public safety agency shall:
new text end

new text begin (1) in coordination with the Office of New Americans, create or amend written policies
that reflect the policies listed in this section;
new text end

new text begin (2) provide written notifications to anyone who is the subject of a data request or other
inquiry by a federal immigration authority, informing them that they were the subject of an
inquiry or request and what action if any the public safety agency took in response to the
request or inquiry;
new text end

new text begin (3) submit a report annually to the attorney general and Office of New Americans
disclosing any requests from the United States Department of Homeland Security, including
but not limited to Immigration and Customs and Enforcement, with respect to participation,
support, or assistance in any immigration agent's civil enforcement operation, and any
documentation regarding how the request was addressed, provided that if an agency does
not receive a request during a reporting period, the agency shall certify and report that it
received no requests;
new text end

new text begin (4) 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
new text end

new text begin (5) ensure compliance with all treaty obligations, including consular notification, and
state and federal laws, by explaining to any individual committed into the custody or detained
by the public safety agency in writing, with interpretation into another language if requested:
new text end

new text begin (i) the individual's right to refuse to disclose the individual's nationality, citizenship,
country of birth, or immigration status; and
new text end

new text begin (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.
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

Sec. 2.

new text begin [629.81] VIOLATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Reporting; investigation. new text end

new text begin The Office of the Attorney General shall
establish a system for the public and state and local employees to report alleged violations
of section 629.80. 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 section 629.80, the
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 office shall issue
a public report containing aggregate information regarding any alleged violations, including
but not limited to:
new text end

new text begin (1) the number of alleged violations reported;
new text end

new text begin (2) the type of alleged violation;
new text end

new text begin (3) the agency from which the alleged violation originated;
new text end

new text begin (4) the ultimate conclusion as to whether the alleged violation was founded; and
new text end

new text begin (5) the remedial and disciplinary actions taken in response to any founded violations.
new text end

new text begin Subd. 2. new text end

new text begin Employment misconduct. new text end

new text begin A violation of section 629.80 may be considered
employment misconduct by an employer.
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

Sec. 3.

new text begin [629.82] ENFORCEMENT ACTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Entities that may enforce this section. new text end

new text begin The following people and entities
may seek relief for a violation of this section and sections 629.80 and 629.81 by starting an
action in state district court:
new text end

new text begin (1) an agency or instrumentality of the state;
new text end

new text begin (2) a political subdivision of the state, or any agency or instrumentality of a political
subdivision of the state;
new text end

new text begin (3) an individual who has suffered injury due to a violation of this section and sections
629.80 and 629.81, or that individual's family member or domestic partner; and
new text end

new text begin (4) an organization or other entity in the state which, as a primary part of its mission,
assists, represents, advocates for, or otherwise serves Minnesota residents who are not
United States citizens.
new text end

new text begin Subd. 2. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, "injury" means having an
individual's information or data shared in violation of section 629.80, subdivisions 3 and
4; being subject to civil immigration enforcement after a violation of this section or sections
629.80 and 629.81; or any other harm suffered as a result of a violation of these sections.
new text end

new text begin Subd. 3. new text end

new text begin Defendants new text end

new text begin The party bringing the enforcement action may sue any person or
entity that has violated this section and sections 629.80 and 629.81, including but not limited
to the certification provisions in section 629.80, subdivision 3.
new text end

new text begin Subd. 4. new text end

new text begin Relief. new text end

new text begin The court may award the following forms of relief:
new text end

new text begin (1) to all enforcing parties:
new text end

new text begin (i) preliminary and equitable relief, including injunctions, as the court determines to be
needed in order to correct or prevent further violations; and
new text end

new text begin (ii) reasonable attorney fees and other litigation costs reasonably incurred; and
new text end

new text begin (2) to the parties identified in subdivision 1, clause (3):
new text end

new text begin (i) actual damages, or liquidated damages of $1,000 per violation, whichever is greater;
and
new text end

new text begin (ii) punitive damages upon proof of knowing, or reckless disregard of the law.
new text end

new text begin Subd. 5. new text end

new text begin Nonrestriction of other rights. new text end

new text begin Nothing in this section restricts the right of a
person or class of persons to seek enforcement of this section and sections 629.80 and 629.81
under any other statute or common law, or to seek any other form of relief.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivision 4, clause (2), is effective August 1, 2024, and applies
for one year from the date of final enactment or the date on which a written policy has been
implemented in compliance with Minnesota Statutes, section 629.80, subdivisions 3,
paragraph (b), clause (4), and 4, paragraph (b), clause (1), whichever occurs first.
new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, sections 631.50; and 631.51, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 24-05961

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.