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Minnesota Legislature

Office of the Revisor of Statutes

HF 358

as introduced - 87th Legislature (2011 - 2012) Posted on 04/18/2012 06:33pm

KEY: stricken = removed, old language.
underscored = added, new language.
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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, the
United States Department of Homeland Security, information regarding the citizenship or
immigration status, lawful or unlawful, of any individual.
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, the United
States Department of Homeland Security;
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.
new text end

new text begin (c) A person lawfully domiciled in this state may bring a private right of action
by filing for a writ of mandamus to compel any noncooperating government entity,
responsible authority or designee, or other official or employee to comply with reporting
laws.
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 them:
new text end

new text begin (1) "criminal justice agency" has the meaning given in section 13.02;
new text end

new text begin (2) "government entity" has the meaning given in section 13.02;
new text end

new text begin (3) "peace officer" has the meaning given in section 626.84;
new text end

new text begin (4) "person" has the meaning given in section 13.02; and
new text end

new text begin (5) "political subdivision" has the meaning given in section 13.02.
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 federal officials with regard to (1) information
concerning the immigration status of any person within Minnesota or (2) the enforcement
of federal immigration laws and regulations.
new text end

new text begin (c) A person lawfully domiciled in this state may bring a private right of action
by filing for a writ of mandamus to compel any noncooperating government entity or
applicable government official or employee to comply with reporting or enforcement
laws or regulations.
new text end