HF 5071

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/20/2024 11:23am

A bill for an act
relating to law enforcement; prohibiting immigration law enforcement
noncooperation ordinances and policies; providing for use of immigration-related
data; proposing coding for new law in Minnesota Statutes, chapters 13; 299A.

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

Section 1.

new text begin [13.021] IMMIGRATION DATA; PREEMPTION.
new text end

new text begin (a) Notwithstanding any other state or local law, no government entity or responsible
authority within Minnesota may prohibit, or in any way restrict, any government entity,
responsible authority or designee, or other official from sending to, or receiving from, a
federal immigration agency or federal law enforcement officer, information regarding the
citizenship or immigration status, lawful or unlawful, of any individual for the purpose of
complying with, aiding, or assisting in the enforcement of federal immigration laws and
regulations.
new text end

new text begin (b) Notwithstanding any other state or local law, no person or government entity may
prohibit, or in any way restrict, a public employee from doing any of the following with
respect to data regarding the immigration status, lawful or unlawful, of any individual:
new text end

new text begin (1) sending the data to, or requesting or receiving the information from, a federal
immigration agency or federal law enforcement officer;
new text end

new text begin (2) maintaining the data; or
new text end

new text begin (3) exchanging the data with any other federal, state, or local government entity for the
purpose of complying with, aiding, or assisting in the enforcement of federal immigration
laws and regulations.
new text end

new text begin (c) When the attorney general or a county attorney has information providing a reasonable
ground to believe that any person or government entity failed to comply with this section,
the attorney general or a county attorney shall investigate those violations, or suspected
violations, and apply to a district court, upon notice, and the court, on a showing by the
attorney general of cause therefor, may issue such order as may be required to compel
compliance with this section.
new text end

new text begin (d) For the purposes of this section, the following terms have the meanings given:
new text end

new text begin (1) "federal immigration agency" means the United States Department of Justice and
the United States Department of Homeland Security, a division within such an agency,
including United States Immigration and Customs Enforcement and United States Customs
and Border Protection, any successor agency, and any other federal agency charged with
the enforcement of immigration law; and
new text end

new text begin (2) "federal law enforcement officer" means any officer, agent, or employee of the United
States authorized by law or by a government agency to engage in or supervise the prevention,
detection, investigation, or prosecution of any violation of federal criminal law.
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 [299A.82] IMMIGRATION LAWS; NONCOOPERATION PROHIBITED.
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 (1) "criminal justice agency" has the meaning given in section 13.02, subdivision 3a;
new text end

new text begin (2) "federal immigration agency" means the United States Department of Justice and
the United States Department of Homeland Security, a division within such an agency,
including United States Immigration and Customs Enforcement and United States Customs
and Border Protection, any successor agency, and any other federal agency charged with
the enforcement of immigration law;
new text end

new text begin (3) "federal law enforcement officer" means any officer, agent, or employee of the United
States authorized by law or by a government agency to engage in or supervise the prevention,
detection, investigation, or prosecution of any violation of federal criminal law;
new text end

new text begin (4) "government entity" has the meaning given in section 13.02, subdivision 7a;
new text end

new text begin (5) "peace officer" has the meaning given in section 626.84, subdivision 1, paragraph
(c);
new text end

new text begin (6) "person" has the meaning given in section 13.02, subdivision 10; and
new text end

new text begin (7) "political subdivision" has the meaning given in section 13.02, subdivision 11.
new text end

new text begin (b) Notwithstanding any other state or local law, no political subdivision, whether acting
through its governing body or by an initiative, referendum, or any other process, shall enact
any ordinance, regulation, or policy that limits or prohibits a criminal justice agency, peace
officer, or official or employee of the political subdivision from communicating or
cooperating with a federal immigration agency or federal law enforcement officer with
regard to (1) information concerning the immigration status of any person within Minnesota
for the purpose of complying with, aiding, or assisting in the enforcement of federal
immigration laws and regulations, or (2) the enforcement of federal immigration laws and
regulations.
new text end

new text begin (c) When the attorney general or a county attorney has information providing a reasonable
ground to believe that any person or government entity failed to comply with this section,
the attorney general or county attorney shall investigate those violations, or suspected
violations, and apply to a district court, upon notice, and the court, on a showing by the
attorney general of cause therefor, may issue such order as may be required to compel
compliance with this section.
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