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HF 3830

as introduced - 86th Legislature (2009 - 2010) Posted on 05/06/2010 08:35am

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A bill for an act
relating to public safety; illegal immigration; requiring law enforcement to
enforce federal immigration laws; establishing eligibility criteria for federal
and state public benefits; requiring possession of alien identification cards;
prohibiting the transporting and smuggling of illegal immigrants; prohibiting
illegal immigrants from working or soliciting work in the state; prohibiting
the employment of illegal aliens; creating the Minnesota Illegal Immigration
Enforcement Team; requiring the attorney general to represent the state against
any challenges to this act;amending Minnesota Statutes 2009 Supplement,
section 629.34, subdivision 1; proposing coding for new law as Minnesota
Statutes, chapter 299P.

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

Section 1.

[299P.01] SHORT TITLE.

This act may be cited as the "Support Our Law Enforcement and Safe Neighborhoods
Act".

Sec. 2.

[299P.02] INTENT.

The legislature finds that there is a compelling interest in the cooperative
enforcement of federal immigration laws throughout all of Minnesota. The legislature
declares that the intent of this act is to make attrition through enforcement the public
policy of all state and local government agencies in Minnesota. The provisions of this act
are intended to work together to discourage and deter the unlawful entry and presence of
aliens and economic activity by persons unlawfully present in the United States.

Sec. 3.

[299P.03] ELIGIBILITY FOR FEDERAL PUBLIC BENEFITS;
DOCUMENTATION; VIOLATION; CLASSIFICATION; CITIZEN SUITS;
ATTORNEY FEES; DEFINITION.

(a) Notwithstanding any other state law and to the extent permitted by federal law,
any natural person who applies for a federal public benefit that is administered by this
state or a political subdivision of this state and that requires participants to be citizens of
the United States, legal residents of the United States, or otherwise lawfully present in
the United States shall submit at least one of the following documents to the entity that
administers the federal public benefit demonstrating lawful presence in the United States:

(1) a Minnesota drivers license issued after 1996 or a Minnesota identification card;

(2) a birth certificate or delayed birth certificate issued in any state, territory, or
possession of the United States;

(3) a United States certificate of birth abroad;

(4) a United States passport;

(5) a foreign passport with a United States visa;

(6) an I-94 form with a photograph;

(7) a United States citizenship and immigration services employment authorization
document or refugee travel document;

(8) a United States certificate of naturalization;

(9) a United States certificate of citizenship;

(10) a tribal certificate of Indian blood; or

(11) a tribal or bureau of Indian affairs affidavit of birth.

(b) To the extent permitted by federal law, an agency of this state or political
subdivision of this state may allow tribal members, the elderly, and persons with
disabilities or incapacity of the mind or body to provide documentation as specified in
section 6036 of the federal Deficit Reduction Act of 2005, Public Law 109-171; 120
Statutes at Large 81, and related federal guidance in lieu of the documentation required
by this section.

(c) Any person who applies for federal public benefits shall sign a sworn affidavit
stating that the documents presented pursuant to paragraph (a) are true under penalty
of perjury.

(d) Failure to report discovered violations of federal immigration law by an
employee of an agency of this state or a political subdivision of this state that administers
any federal public benefit is a misdemeanor. If that employee's supervisor knew of the
failure to report and failed to direct the employee to make the report, the supervisor is
guilty of a misdemeanor.

(e) This section shall be enforced without regard to race, color, religion, sex, age,
disability, or national origin.

(f) Any person who is a resident of this state has standing in any court of record to
bring suit against any agent or agency of this state or its political subdivisions to remedy
any violation of any provision of this section, including an action for mandamus. Courts
shall give preference to actions brought under this section over other civil actions or
proceedings pending in the court.

(g) The court may award court costs and reasonable attorney fees to any person or
any official or agency of this state or a county, city, town, or other political subdivision of
this state that prevails by an adjudication on the merits in a proceeding brought pursuant
to this section. For the purposes of this section, "federal public benefit" has the same
meaning prescribed in United States Code, title 8, section 1611.

Sec. 4.

[299P.04] ELIGIBILITY FOR STATE OR LOCAL PUBLIC BENEFITS;
DOCUMENTATION; VIOLATION; CLASSIFICATION; CITIZEN SUITS;
ATTORNEY FEES; DEFINITION.

(a) Notwithstanding any other state law and to the extent permitted by federal law,
any agency of this state or a political subdivision of this state that administers any state
or local public benefit shall require each natural person who applies for the state or
local public benefit to submit at least one of the following documents to the entity that
administers the state or local public benefit demonstrating lawful presence in the United
States:

(1) a Minnesota drivers license issued after 1996 or a Minnesota identification card;

(2) a birth certificate or delayed birth certificate issued in any state, territory, or
possession of the United States;

(3) a United States certificate of birth abroad;

(4) a United States passport;

(5) a foreign passport with a United States visa;

(6) an I-94 form with a photograph;

(7) a United States citizenship and immigration services employment authorization
document or refugee travel document;

(8) a United States certificate of naturalization;

(9) a United States certificate of citizenship;

(10) a tribal certificate of Indian blood; or

(11) a tribal or bureau of Indian affairs affidavit of birth.

(b) To the extent permitted by federal law, an agency of this state or political
subdivision of this state may allow tribal members, the elderly, and persons with
disabilities or incapacity of the mind or body to provide documentation as specified in
section 6036 of the federal Deficit Reduction Act of 2005, Public Law 109-171; 120
Statutes at Large 81, and related federal guidance in lieu of the documentation required
by this section.

(c) Any person who applies for state or local public benefits shall sign a sworn
affidavit stating that the documents presented pursuant to paragraph (a) are true under
penalty of perjury.

(d) Failure to report discovered violations of federal immigration law by an
employee of an agency of this state or a political subdivision of this state that administers
any state or local public benefit is a misdemeanor. If that employee's supervisor knew of
the failure to report and failed to direct the employee to make the report, the supervisor is
guilty of a misdemeanor.

(e) This section shall be enforced without regard to race, color, religion, sex, age,
disability, or national origin.

(f) Any person who is a resident of this state has standing in any court of record to
bring suit against any agent or agency of this state or its political subdivisions to remedy
any violation of any provision of this section, including an action for mandamus. Courts
shall give preference to actions brought under this section over other civil actions or
proceedings pending in the court.

(g) The court may award court costs and reasonable attorney fees to any person or
any official or agency of this state or a county, city, town, or other political subdivision of
this state that prevails by an adjudication on the merits in a proceeding brought pursuant to
this section. For the purposes of this section, "state or local public benefit" has the same
meaning prescribed in United States Code, title 8, section 1621, except that it does not
include commercial or professional licenses or benefits provided by the public retirement
systems and plans of this state or services widely available to the general population as
a whole.

Sec. 5.

[299P.05] COOPERATION AND ASSISTANCE IN ENFORCEMENT OF
IMMIGRATION LAWS; INDEMNIFICATION.

(a) No official or agency of this state or a county, city, town, or other political
subdivision of this state may limit or restrict the enforcement of federal immigration laws
to less than the full extent permitted by federal law.

(b) For any lawful stop, detention, or arrest made by a law enforcement official or a
law enforcement agency of this state or a law enforcement official or a law enforcement
agency of a county, city, town, or other political subdivision of this state in the enforcement
of any other law or ordinance of a county, city, or town or this state where reasonable
suspicion exists that the person is an alien and is unlawfully present in the United States, a
reasonable attempt shall be made, when practicable, to determine the immigration status
of the person, except if the determination may hinder or obstruct an investigation. Any
person who is arrested shall have the person's immigration status determined before the
person is released. The person's immigration status shall be verified with the federal
government pursuant to United States Code, title 8, section 1373(c). A law enforcement
official or agency of this state or a county, city, town, or other political subdivision of this
state may not consider race, color, or national origin in implementing the requirements of
this section except to the extent permitted by the United States or Minnesota Constitution.
A person is presumed to not be an alien who is unlawfully present in the United States if
the person provides to the law enforcement officer or agency any of the following:

(1) a valid Minnesota drivers license;

(2) a valid Minnesota identification card;

(3) a valid tribal enrollment card or other form of tribal identification; or

(4) if the entity requires proof of legal presence in the United States before issuance,
any valid United States federal, state, or local government issued identification.

(c) If an alien who is unlawfully present in the United States is convicted of a
violation of state or local law, on discharge from imprisonment or on the assessment of
any monetary obligation that is imposed, the United States Immigration and Customs
Enforcement or the United States Customs and Border Protection shall be immediately
notified.

(d) Notwithstanding any other law, a law enforcement agency may securely transport
an alien who the agency has received verification is unlawfully present in the United
States and who is in the agency's custody to a federal facility in this state or to any other
point of transfer into federal custody that is outside the jurisdiction of the law enforcement
agency. A law enforcement agency shall obtain judicial authorization before securely
transporting an alien who is unlawfully present in the United States to a point of transfer
that is outside of this state.

(e) In the implementation of this section, an alien's immigration status may be
determined by:

(1) a law enforcement officer who is authorized by the federal government to verify
or ascertain an alien's immigration status; or

(2) the United States Immigration and Customs Enforcement or the United States
Customs and Border Protection pursuant to United States Code, title 8, section 1373(c).

(f) Except as provided in federal law, officials or agencies of this state and counties,
cities, towns, and other political subdivisions of this state may not be prohibited or in any
way be restricted from sending, receiving, or maintaining information relating to the
immigration status, lawful or unlawful, of any individual or exchanging that information
with any other federal, state, or local governmental entity for the following official
purposes:

(1) determining eligibility for any public benefit, service, or license provided by any
federal, state, local, or other political subdivision of this state;

(2) verifying any claim of residence or domicile if determination of residence or
domicile is required under the laws of this state or a judicial order issued pursuant to a
civil or criminal proceeding in this state;

(3) if the person is an alien, determining whether the person is in compliance with
the federal registration laws prescribed by title II, chapter 7, of the federal Immigration
and Nationality Act; or

(4) pursuant to United States Code, title 8, section 1373, and United States Code,
title 8, section 1644.

(g) This section does not implement, authorize, or establish and shall not be
construed to implement, authorize, or establish the REAL ID Act 2005, Public Law
109-13, division B; 119 Statutes at Large 302, including the use of a radio frequency
identification chip.

(h) A person who is a legal resident of this state may bring an action in district court
to challenge any official or agency of this state or a county, city, town, or other political
subdivision of this state that adopts or implements a policy that limits or restricts the
enforcement of federal immigration laws, including United States Code, title 8, sections
1373 and 1644, to less than the full extent permitted by federal law. If there is a judicial
finding that an entity has violated this section, the court shall order that the entity pay a
civil penalty of not less than $500 and not more than $5,000 for each day that the policy
has remained in effect after the filing of an action pursuant to this section.

(i) A court shall collect the civil penalty prescribed in paragraph (h) and remit the
civil penalty to the state treasurer for deposit in the illegal immigration enforcement
team fund established by section 299P.15.

(j) The court may award court costs and reasonable attorney fees to any person or
any official or agency of this state or a county, city, town, or other political subdivision of
this state that prevails by an adjudication on the merits in a proceeding brought pursuant
to this section.

(k) Except in relation to matters in which the officer is adjudged to have acted in bad
faith, a law enforcement officer is indemnified by the law enforcement officer's agency
against reasonable costs and expenses, including attorney fees, incurred by the officer in
connection with any action, suit, or proceeding brought pursuant to this section in which
the officer may be a defendant by reason of the officer being or having been a member
of the law enforcement agency.

(l) This section shall be implemented in a manner consistent with federal laws
regulating immigration, protecting the civil rights of all persons, and respecting the
privileges and immunities of United States citizens.

Sec. 6.

[299P.06] WILLFUL FAILURE TO COMPLETE OR CARRY
AN ALIEN REGISTRATION DOCUMENT; ASSESSMENT; EXCEPTION;
AUTHENTICATED RECORDS; CLASSIFICATION.

(a) In addition to any violation of federal law, a person is guilty of willful failure to
complete or carry an alien registration document if the person is in violation of United
States Code, title 8, section 1304(e) or 1306(a).

(b) In the enforcement of this section, an alien's immigration status may be
determined by:

(1) a law enforcement officer who is authorized by the federal government to verify
or ascertain an alien's immigration status;

(2) the United States Immigration and Customs Enforcement or the United States
Customs and Border Protection pursuant to United States Code, title 8, section 1373(c).

(c) A law enforcement official or agency of this state or a county, city, town, or
other political subdivision of this state may not consider race, color, or national origin
in the enforcement of this section except to the extent permitted by the United States or
Minnesota Constitution.

(d) A person who is sentenced pursuant to this section is not eligible for suspension
of sentence, probation, pardon, commutation of sentence, or release from confinement
until the sentence imposed by the court has been served.

(e) In addition to any other penalty prescribed by law, the court shall order the
person to pay jail costs.

(f) This section does not apply to a person who maintains authorization from the
federal government to remain in the United States.

(g) Any record that relates to the immigration status of a person is admissible in any
court without further foundation or testimony from a custodian of records if the record
is certified as authentic by the government agency that is responsible for maintaining
the record.

(h) A violation of this section is a misdemeanor, except that the maximum fine is
$100. For a first violation, the court shall not sentence the person to more than 20 days in
jail, and for a second or subsequent violation, the court shall not sentence the person to
more than 30 days in jail.

Sec. 7.

[299P.07] UNLAWFUL APPLICATION, SOLICITATION, OR
EMPLOYMENT; CLASSIFICATION; DEFINITIONS.

(a) It is unlawful for a person who is unlawfully present in the United States and
who is an unauthorized alien to knowingly apply for work, solicit work in a public place,
or perform work as an employee or independent contractor in this state.

(b) A law enforcement official or agency of this state or a county, city, town, or
other political subdivision of this state may not consider race, color, or national origin
in the enforcement of this section except to the extent permitted by the United States or
Minnesota Constitution.

(c) In the enforcement of this section, an alien's immigration status may be
determined by:

(1) a law enforcement officer who is authorized by the federal government to verify
or ascertain an alien's immigration status;

(2) the United States Immigration and Customs Enforcement or the United States
Customs and Border Protection pursuant to United States Code, title 8, section 1373(c).

(d) A violation of this section is a misdemeanor.

(e) For the purposes of this section:

(1) "solicit" means verbal or nonverbal communication by a gesture or a nod that
would indicate to a reasonable person that a person is willing to be employed; and

(2) "unauthorized alien" means an alien who does not have the legal right or
authorization under federal law to work in the United States as described in United States
Code, title 8, section 1324a(h)(3).

Sec. 8.

[299P.08] UNLAWFUL TRANSPORTING, MOVING, CONCEALING,
HARBORING, OR SHIELDING OF UNLAWFUL ALIENS; VEHICLE
IMPOUNDMENT; EXCEPTION; CLASSIFICATION.

(a) It is unlawful for a person to:

(1) transport or move or attempt to transport or move an alien in this state, in
furtherance of the illegal presence of the alien in the United States, in a means of
transportation if the person knows or recklessly disregards the fact that the alien has come
to, has entered, or remains in the United States in violation of law;

(2) conceal, harbor, or shield or attempt to conceal, harbor, or shield an alien from
detection in any place in this state, including any building or any means of transportation,
if the person knows or recklessly disregards the fact that the alien has come to, has
entered, or remains in the United States in violation of law; and

(3) encourage or induce an alien to come to or reside in this state if the person knows
or recklessly disregards the fact that such coming to, entering, or residing in this state
is or will be in violation of law.

(b) A means of transportation that is used in the commission of a violation of this
section is subject to vehicle immobilization or impoundment pursuant to section 609.5312.

(c) A law enforcement official or agency of this state or a county, city, town, or
other political subdivision of this state may not consider race, color, or national origin
in the enforcement of this section except to the extent permitted by the United States or
Minnesota Constitution.

(d) In the enforcement of this section, an alien's immigration status may be
determined by:

(1) a law enforcement officer who is authorized by the federal government to verify
or ascertain an alien's immigration status;

(2) the United States Immigration and Customs Enforcement or the United States
Customs and Border Protection pursuant to United States Code, title 8, section 1373(c).

(e) This section does not apply to a child protective services worker acting in the
worker's official capacity or a person who is acting in the capacity of a first responder,
an ambulance attendant, or an emergency medical technician and who is transporting
or moving an alien in this state.

(f) A person who violates this section is guilty of a gross misdemeanor and is
subject to a fine of at least $1,000, except that a violation of this section that involves ten
or more illegal aliens is a felony and the person is subject to a fine of at least $1,000
for each alien who is involved.

Sec. 9.

[299P.09] SMUGGLING; CLASSIFICATION; DEFINITIONS.

(a) It is unlawful for a person to intentionally engage in the smuggling of human
beings for profit or commercial purpose.

(b) A violation of this section is a felony.

(c) Notwithstanding paragraph (b), a violation of this section:

(1) is a five-year felony if the human being who is smuggled is under 18 years of
age and is not accompanied by a family member over 18 years of age or the offense
involved the use of a dangerous weapon; and

(2) is a two-year felony if the offense involves the use or threatened use of deadly
physical force.

(d) Notwithstanding any other law, a peace officer may lawfully stop any person
who is operating a motor vehicle if the officer has reasonable suspicion to believe the
person is in violation of any civil traffic law and this section.

(e) For the purposes of this section:

(1) "family member" means the person's parent, grandparent, sibling, or any other
person who is related to the person by consanguinity or affinity to the second degree;

(2) "procurement of transportation" means any participation in or facilitation of
transportation and includes:

(i) providing services that facilitate transportation including travel arrangement
services or money transmission services; and

(ii) providing property that facilitates transportation, including a weapon, a vehicle
or other means of transportation, or false identification, or selling, leasing, renting, or
otherwise making available temporary shelter; and

(3) "smuggling of human beings" means the transportation, procurement of
transportation, or use of property or real property by a person or an entity that knows or has
reason to know that the person or persons transported or to be transported are not United
States citizens, permanent resident aliens, or persons otherwise lawfully in this state or
have attempted to enter, entered, or remained in the United States in violation of law.

Sec. 10.

[299P.10] KNOWINGLY EMPLOYING UNAUTHORIZED
ALIENS; PROHIBITION; FALSE AND FRIVOLOUS COMPLAINTS;
VIOLATION; CLASSIFICATION; LICENSE SUSPENSION AND REVOCATION;
AFFIRMATIVE DEFENSE.

(a) An employer shall not knowingly employ an unauthorized alien. If, in the case
when an employer uses a contract, subcontract, or other independent contractor agreement
to obtain the labor of an alien in this state, the employer knowingly contracts with an
unauthorized alien or with a person who employs or contracts with an unauthorized alien
to perform the labor, the employer violates this section.

(b) The attorney general shall prescribe a complaint form for a person to allege a
violation of paragraph (a). The complainant shall not be required to list the complainant's
social security number on the complaint form or to have the complaint form notarized.
On receipt of a complaint on a prescribed complaint form that an employer allegedly
knowingly employs an unauthorized alien, the attorney general or county attorney shall
investigate whether the employer has violated paragraph (a). If a complaint is received but
is not submitted on a prescribed complaint form, the attorney general or county attorney
may investigate whether the employer has violated paragraph (a). This section shall not
be construed to prohibit the filing of anonymous complaints that are not submitted on a
prescribed complaint form. The attorney general or county attorney shall not investigate
complaints that are based solely on race, color, or national origin. A complaint that is
submitted to a county attorney shall be submitted to the county attorney in the county in
which the alleged unauthorized alien is or was employed by the employer. The county
sheriff or any other local law enforcement agency may assist in investigating a complaint.
When investigating a complaint, the attorney general or county attorney shall verify the
work authorization of the alleged unauthorized alien with the federal government pursuant
to United States Code, title 8, section 1373(c). A state, county, or local official shall not
attempt to independently make a final determination on whether an alien is authorized
to work in the United States. An alien's immigration status or work authorization status
shall be verified with the federal government pursuant to United States Code, title 8,
section 1373(c). A person who knowingly files a false and frivolous complaint under
this paragraph is guilty of a misdemeanor.

(c) If, after an investigation, the attorney general or county attorney determines that
the complaint is not false and frivolous:

(1) the attorney general or county attorney shall notify the United States Immigration
and Customs Enforcement of the unauthorized alien;

(2) the attorney general or county attorney shall notify the local law enforcement
agency of the unauthorized alien; and

(3) the attorney general shall notify the appropriate county attorney to bring an action
pursuant to paragraph (d) if the complaint was originally filed with the attorney general.

(d) An action for a violation of paragraph (a) shall be brought against the employer
by the county attorney in the county where the unauthorized alien employee is or was
employed by the employer. The county attorney shall not bring an action against any
employer for any violation of paragraph (a) that occurs before January 1, 2011. A second
violation of this section shall be based only on an unauthorized alien who is or was
employed by the employer after an action has been brought for a violation of paragraph
(a) or section 299P.11, paragraph (a).

(e) For any action filed under this section, the court shall expedite the action,
including assigning the hearing at the earliest practicable date.

(f) On a finding of a violation of paragraph (a):

(1) for a first violation, the court:

(i) shall order the employer to terminate the employment of all unauthorized aliens;

(ii) shall order the employer to be subject to a three-year probationary period for the
business location where the unauthorized alien performed work. During the probationary
period the employer shall file quarterly reports with the county attorney of each new
employee who is hired by the employer at the business location where the unauthorized
alien performed work;

(iii) shall order the employer to file a signed sworn affidavit with the county attorney
within three business days after the order is issued. The affidavit shall state that the
employer has terminated the employment of all unauthorized aliens in this state and that
the employer will not intentionally or knowingly employ an unauthorized alien in this
state. The court shall order the appropriate agencies to suspend all licenses subject to this
subdivision that are held by the employer if the employer fails to file a signed sworn
affidavit with the county attorney within three business days after the order is issued.
All licenses that are suspended under this subdivision shall remain suspended until the
employer files a signed sworn affidavit with the county attorney. Notwithstanding any
other law, on filing of the affidavit the suspended licenses shall be reinstated immediately
by the appropriate agencies. For the purposes of this subdivision, the licenses that are
subject to suspension under this subdivision are all licenses that are held by the employer
specific to the business location where the unauthorized alien performed work. If the
employer does not hold a license specific to the business location where the unauthorized
alien performed work, but a license is necessary to operate the employer's business in
general, the licenses that are subject to suspension under this subdivision are all licenses
that are held by the employer at the employer's primary place of business. On receipt of
the court's order and notwithstanding any other law, the appropriate agencies shall suspend
the licenses according to the court's order. The court shall send a copy of the court's
order to the attorney general and the attorney general shall maintain the copy pursuant to
paragraph (g); and

(iv) may order the appropriate agencies to suspend all licenses described in item
(iii) that are held by the employer not to exceed ten business days. The court shall base
its decision to suspend under this section on any evidence or information submitted to it
during the action for a violation of this section and shall consider the following factors, if
relevant:

(A) the number of unauthorized aliens employed by the employer;

(B) any prior misconduct by the employer;

(C) the degree of harm resulting from the violation;

(D) whether the employer made good-faith efforts to comply with any applicable
requirements;

(E) the duration of the violation;

(F) the role of the directors, officers, or principals of the employer in the violation;
and

(G) any other factors the court deems appropriate;

(2) for a second violation of paragraph (a), the court shall order the appropriate
agencies to permanently revoke all licenses that are held by the employer specific to
the business location where the unauthorized alien performed work. If the employer
does not hold a license specific to the business location where the unauthorized alien
performed work, but a license is necessary to operate the employer's business in general,
the court shall order the appropriate agencies to permanently revoke all licenses that
are held by the employer at the employer's primary place of business. On receipt of the
order and notwithstanding any other law, the appropriate agencies shall immediately
revoke the licenses; and

(3) the violation shall be considered:

(i) a first violation by an employer at a business location if the violation did not
occur during a probationary period ordered by the court under this section or section
299P.11, paragraph (f), for that employer's business location; or

(ii) a second violation by an employer at a business location if the violation occurred
during a probationary period ordered by the court under this section or section 299P.11,
paragraph (f), for that employer's business location.

(g) The attorney general shall maintain copies of court orders that are received
pursuant to paragraph (f) and shall maintain a database of the employers and business
locations that have a first violation of paragraph (a) and make the court orders available on
the attorney general's Web site.

(h) On determining whether an employee is an unauthorized alien, the court shall
consider only the federal government's determination pursuant to United States Code,
title 8, section 1373(c). The federal government's determination creates a rebuttable
presumption of the employee's lawful status. The court may take judicial notice of the
federal government's determination and may request the federal government to provide
automated or testimonial verification pursuant to United States Code, title 8, section
1373(c).

(i) For the purposes of this section, proof of verifying the employment authorization
of an employee through the e-verify program creates a rebuttable presumption that an
employer did not knowingly employ an unauthorized alien.

(j) For the purposes of this section, an employer that establishes that it has complied
in good faith with the requirements of United States Code, title 8, section 1324a(b),
establishes an affirmative defense that the employer did not knowingly employ an
unauthorized alien. An employer is considered to have complied with the requirements of
United States Code, title 8, section 1324a(b), notwithstanding an isolated, sporadic, or
accidental technical or procedural failure to meet the requirements, if there is a good-faith
attempt to comply with the requirements.

(k) It is an affirmative defense to a violation of paragraph (a) that the employer was
entrapped. To claim entrapment, the employer must admit by the employer's testimony
or other evidence the substantial elements of the violation. An employer who asserts an
entrapment defense has the burden of proving the following by clear and convincing
evidence:

(1) the idea of committing the violation started with law enforcement officers or
their agents rather than with the employer;

(2) the law enforcement officers or their agents urged and induced the employer to
commit the violation; and

(3) the employer was not predisposed to commit the violation before the law
enforcement officers or their agents urged and induced the employer to commit the
violation.

(l) An employer does not establish entrapment if the employer was predisposed to
violate paragraph (a) and the law enforcement officers or their agents merely provided
the employer with an opportunity to commit the violation. It is not entrapment for law
enforcement officers or their agents merely to use a ruse or to conceal their identity. The
conduct of law enforcement officers and their agents may be considered in determining if
an employer has proven entrapment.

Sec. 11.

[299P.11] INTENTIONALLY EMPLOYING UNAUTHORIZED
ALIENS; PROHIBITION; FALSE AND FRIVOLOUS COMPLAINTS;
VIOLATION; CLASSIFICATION; LICENSE SUSPENSION AND REVOCATION;
AFFIRMATIVE DEFENSE.

(a) An employer shall not intentionally employ an unauthorized alien. If, in the case
when an employer uses a contract, subcontract, or other independent contractor agreement
to obtain the labor of an alien in this state, the employer intentionally contracts with an
unauthorized alien or with a person who employs or contracts with an unauthorized alien
to perform the labor, the employer violates this section.

(b) The attorney general shall prescribe a complaint form for a person to allege a
violation of paragraph (a). The complainant shall not be required to list the complainant's
Social Security number on the complaint form or to have the complaint form notarized.
On receipt of a complaint on a prescribed complaint form that an employer allegedly
intentionally employs an unauthorized alien, the attorney general or county attorney shall
investigate whether the employer has violated paragraph (a). If a complaint is received but
is not submitted on a prescribed complaint form, the attorney general or county attorney
may investigate whether the employer has violated paragraph (a). This paragraph shall not
be construed to prohibit the filing of anonymous complaints that are not submitted on a
prescribed complaint form. The attorney general or county attorney shall not investigate
complaints that are based solely on race, color, or national origin. A complaint that is
submitted to a county attorney shall be submitted to the county attorney in the county in
which the alleged unauthorized alien is or was employed by the employer. The county
sheriff or any other local law enforcement agency may assist in investigating a complaint.
When investigating a complaint, the attorney general or county attorney shall verify the
work authorization of the alleged unauthorized alien with the federal government pursuant
to United States Code, title 8, section 1373(c). A state, county, or local official shall not
attempt to independently make a final determination on whether an alien is authorized
to work in the United States. An alien's immigration status or work authorization status
shall be verified with the federal government pursuant to United States Code, title 8,
section 1373(c). A person who knowingly files a false and frivolous complaint under this
section is guilty of a misdemeanor.

(c) If, after an investigation, the attorney general or county attorney determines that
the complaint is not false and frivolous:

(1) the attorney general or county attorney shall notify the United States Immigration
and Customs Enforcement of the unauthorized alien;

(2) the attorney general or county attorney shall notify the local law enforcement
agency of the unauthorized alien; and

(3) the attorney general shall notify the appropriate county attorney to bring an action
pursuant to paragraph (d) if the complaint was originally filed with the attorney general.

(d) An action for a violation of paragraph (a) shall be brought against the employer
by the county attorney in the county where the unauthorized alien employee is or was
employed by the employer. The county attorney shall not bring an action against any
employer for any violation of paragraph (a) that occurs before January 1, 2011. A second
violation of this section shall be based only on an unauthorized alien who is or was
employed by the employer after an action has been brought for a violation of paragraph
(a) or section 299P.10, paragraph (a).

(e) For any action under this section, the court shall expedite the action, including
assigning the hearing at the earliest practicable date.

(f) On a finding of a violation of paragraph (a):

(1) for a first violation, the court shall:

(i) order the employer to terminate the employment of all unauthorized aliens;

(ii) order the employer to be subject to a five-year probationary period for the
business location where the unauthorized alien performed work. During the probationary
period the employer shall file quarterly reports with the county attorney of each new
employee who is hired by the employer at the business location where the unauthorized
alien performed work;

(iii) order the appropriate agencies to suspend all licenses described in item (iv) that
are held by the employer for a minimum of ten days. The court shall base its decision
on the length of the suspension under this paragraph on any evidence or information
submitted to it during the action for a violation of this section and shall consider the
following factors, if relevant:

(A) the number of unauthorized aliens employed by the employer;

(B) any prior misconduct by the employer;

(C) the degree of harm resulting from the violation;

(D) whether the employer made good-faith efforts to comply with any applicable
requirements;

(E) the duration of the violation;

(F) the role of the directors, officers, or principals of the employer in the violation;
and

(G) any other factors the court deems appropriate; and

(iv) order the employer to file a signed sworn affidavit with the county attorney. The
affidavit shall state that the employer has terminated the employment of all unauthorized
aliens in this state and that the employer will not intentionally or knowingly employ an
unauthorized alien in this state. The court shall order the appropriate agencies to suspend
all licenses subject to this item that are held by the employer if the employer fails to file a
signed sworn affidavit with the county attorney within three business days after the order
is issued. All licenses that are suspended under this item for failing to file a signed sworn
affidavit shall remain suspended until the employer files a signed sworn affidavit with the
county attorney. For purposes of this item, the licenses that are subject to suspension under
this item are all licenses that are held by the employer specific to the business location
where the unauthorized alien performed work. If the employer does not hold a license
specific to the business location where the unauthorized alien performed work, but a
license is necessary to operate the employer's business in general, the licenses that are
subject to suspension under this item are all licenses that are held by the employer at the
employer's primary place of business. On receipt of the court's order and notwithstanding
any other law, the appropriate agencies shall suspend the licenses according to the court's
order. The court shall send a copy of the court's order to the attorney general and the
attorney general shall maintain the copy pursuant to paragraph (g);

(2) for a second violation, the court shall order the appropriate agencies to
permanently revoke all licenses that are held by the employer specific to the business
location where the unauthorized alien performed work. If the employer does not hold a
license specific to the business location where the unauthorized alien performed work, but
a license is necessary to operate the employer's business in general, the court shall order
the appropriate agencies to permanently revoke all licenses that are held by the employer
at the employer's primary place of business. On receipt of the order and notwithstanding
any other law, the appropriate agencies shall immediately revoke the licenses; and

(3) the violation shall be considered:

(i) a first violation by an employer at a business location if the violation did not
occur during a probationary period ordered by the court under this paragraph or section
299P.08, paragraph (f), for that employer's business location; and

(ii) a second violation by an employer at a business location if the violation occurred
during a probationary period ordered by the court under this paragraph or section 299P.10,
paragraph (f), for that employer's business location.

(g) The attorney general shall maintain copies of court orders that are received
pursuant to paragraph (f) and shall maintain a database of the employers and business
locations that have a first violation of paragraph (a) and make the court orders available on
the attorney general's Web site.

(h) On determining whether an employee is an unauthorized alien, the court shall
consider only the federal government's determination pursuant to United States Code,
title 8, section 1373(c). The federal government's determination creates a rebuttable
presumption of the employee's lawful status. The court may take judicial notice of the
federal government's determination and may request the federal government to provide
automated or testimonial verification pursuant to United States Code, title 8, section
1373(c).

(i) For the purposes of this section, proof of verifying the employment authorization
of an employee through the e-verify program creates a rebuttable presumption that an
employer did not intentionally employ an unauthorized alien.

(j) For the purposes of this section, an employer that establishes that it has complied
in good faith with the requirements of United States Code, title 8, section 1324a(b),
establishes an affirmative defense that the employer did not intentionally employ an
unauthorized alien. An employer is considered to have complied with the requirements of
United States Code, title 8, section 1324a(b), notwithstanding an isolated, sporadic, or
accidental technical or procedural failure to meet the requirements, if there is a good-faith
attempt to comply with the requirements.

(k) It is an affirmative defense to a violation of paragraph (a) that the employer was
entrapped. To claim entrapment, the employer must admit by the employer's testimony
or other evidence the substantial elements of the violation. An employer who asserts an
entrapment defense has the burden of proving the following by clear and convincing
evidence:

(1) the idea of committing the violation started with law enforcement officers or
their agents rather than with the employer;

(2) the law enforcement officers or their agents urged and induced the employer to
commit the violation; and

(3) the employer was not predisposed to commit the violation before the law
enforcement officers or their agents urged and induced the employer to commit the
violation.

(l) An employer does not establish entrapment if the employer was predisposed to
violate paragraph (a) and the law enforcement officers or their agents merely provided
the employer with an opportunity to commit the violation. It is not entrapment for law
enforcement officers or their agents merely to use a ruse or to conceal their identity. The
conduct of law enforcement officers and their agents may be considered in determining if
an employer has proven entrapment.

Sec. 12.

[299P.12] VERIFICATION OF EMPLOYMENT ELIGIBILITY;
E-VERIFY PROGRAM; ECONOMIC DEVELOPMENT INCENTIVES; LIST OF
REGISTERED EMPLOYERS.

(a) After December 31, 2010, every employer, after hiring an employee, shall verify
the employment eligibility of the employee through the e-verify program and shall keep
a record of the verification for the duration of the employee's employment or at least
three years, whichever is longer.

(b) In addition to any other requirement for an employer to receive an economic
development incentive from a local unit of government, the employer shall register with
and participate in the e-verify program. Before receiving the economic development
incentive, the employer shall provide proof to the government entity that the employer
is registered with and is participating in the e-verify program. If the government entity
determines that the employer is not complying with this section, the government entity
shall notify the employer by certified mail of the government entity's determination
of noncompliance and the employer's right to appeal the determination. On a final
determination of noncompliance, the employer shall repay all money received as an
economic development incentive to the government entity within 30 days of the final
determination. For the purposes of this paragraph, "economic development incentive"
means any grant, loan, or performance-based incentive from any government entity that is
awarded after September 30, 2010.

(c) Every three months the attorney general shall request from the United States
Department of Homeland Security a list of employers from this state that are registered
with the e-verify program. On receipt of the list of employers, the attorney general shall
make the list available on the attorney general's Web site.

Sec. 13.

[299P.13] ILLEGAL IMMIGRATION TRAINING; ENFORCEMENT
TEAM.

Subdivision 1.

Immigration enforcement training.

The commissioner of public
safety, in consultation with representatives of the United States Department of Justice
and the United States Department of Homeland Security, shall develop a course to train
state law enforcement officers to enforce federal immigration laws. The course must
comply with applicable federal training guidelines and cover immigration law, immigrant
questioning, immigrant detention and arrest, civil rights, public complaint procedures,
antiracial profiling procedures, and other topics necessary to prepare state law enforcement
officers to enforce federal immigration laws.

Subd. 2.

Minnesota illegal immigration enforcement team (MIIET).

The Minnesota illegal immigration enforcement team (MIIET) is established. The
commissioner of public safety shall convene and direct the enforcement team. MIIET
shall be comprised of at least ten law enforcement officers who have completed the course
the commissioner develops under subdivision 1. The commissioner shall develop, and
use MIIET to implement, an illegal immigration enforcement strategy for state and local
law enforcement agencies. MIIET shall assist local units of government in investigating
and apprehending illegal immigrants. The team shall focus its time and resources on
identifying and apprehending illegal immigrants who are involved in felony-level criminal
activity.

Sec. 14.

[299P.14] ILLEGAL IMMIGRATION ENFORCEMENT TEAM FUND.

The illegal immigration enforcement team fund is established as a special revenue
fund. In addition to specific legislative appropriations, the fund shall receive all fines
collected pursuant to sections 299P.05, 299P.10, and 299P.11. The commissioner of public
safety shall administer the fund. Money in the fund are subject to legislative appropriation
and shall be used for illegal immigration enforcement for county jail reimbursement
costs relating to illegal immigration, and to fund the Minnesota Illegal Immigration
Enforcement Team.

Sec. 15.

[299P.15] IMMIGRATION LEGISLATION CHALLENGES.

(a) Notwithstanding any law to the contrary, the attorney general shall act at the
direction of the governor in any challenge in a state or federal court to this act and any
amendments to the act.

(b) Notwithstanding any law to the contrary, the governor may direct counsel other
than the attorney general to appear on behalf of this state to defend any challenge to
this act and any amendments to the act.

Sec. 16.

[299P.16] SEVERABILITY, IMPLEMENTATION, AND
CONSTRUCTION.

(a) If a provision of this act or its application to any person or circumstance is held
invalid, the invalidity does not affect other provisions or applications of the act that can be
given effect without the invalid provision or application, and to this end the provisions
of this act are severable.

(b) The terms of this act regarding immigration shall be construed to have the
meanings given them under federal immigration law.

(c) This act shall be implemented in a manner consistent with federal laws regulating
immigration, protecting the civil rights of all persons, and respecting the privileges and
immunities of United States citizens.

Sec. 17.

Minnesota Statutes 2009 Supplement, section 629.34, subdivision 1, is
amended to read:


Subdivision 1.

Peace officers.

(a) A peace officer, as defined in section 626.84,
subdivision 1
, clause (c), who is on or off duty within the jurisdiction of the appointing
authority, or on duty outside the jurisdiction of the appointing authority pursuant to section
629.40, may arrest a person without a warrant as provided under paragraph (c).

(b) A part-time peace officer, as defined in section 626.84, subdivision 1, clause (d),
who is on duty within the jurisdiction of the appointing authority, or on duty outside the
jurisdiction of the appointing authority pursuant to section 629.40 may arrest a person
without a warrant as provided under paragraph (c).

(c) A peace officer or part-time peace officer who is authorized under paragraph (a)
or (b) to make an arrest without a warrant may do so under the following circumstances:

(1) when a public offense has been committed or attempted in the officer's presence;

(2) when the person arrested has committed a felony, although not in the officer's
presence;

(3) when a felony has in fact been committed, and the officer has reasonable cause
for believing the person arrested to have committed it;

(4) upon a charge based upon reasonable cause of the commission of a felony by
the person arrested;

(5) under the circumstances described in clause (2), (3), or (4), when the offense is a
gross misdemeanor violation of section 609.52, 609.595, 609.631, 609.749, or 609.821;

(6) under circumstances described in clause (2), (3), or (4), when the offense is a
nonfelony violation of a restraining order or no contact order previously issued by a
court; or

(7) under the circumstances described in clause (2), (3), or (4), when the offense is
a gross misdemeanor violation of section 609.485 and the person arrested is a juvenile
committed to the custody of the commissioner of corrections; or

(8) when a public offense has been committed that makes the person removable
from the United States
.

(d) To make an arrest authorized under this subdivision, the officer may break open
an outer or inner door or window of a dwelling house if, after notice of office and purpose,
the officer is refused admittance.

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700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569