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Minnesota Legislature

Office of the Revisor of Statutes

SF 1110

as introduced - 90th Legislature (2017 - 2018) Posted on 02/17/2017 09:18am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; making Minnesota a sanctuary state for immigration
enforcement purposes; proposing coding for new law in Minnesota Statutes, chapter
629.

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

Section 1.

new text begin [629.408] FEDERAL 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 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.
new text end

new text begin (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 or the
United States Department of Homeland Security, who is charged with immigration
enforcement.
new text end

new text begin (d) "Government agent" means an agent or employee of the state or a local unit of
government. The term includes, but is not limited to:
new text end

new text begin (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;
new text end

new text begin (2) a peace officer, as defined in section 626.84, subdivision 1;
new text end

new text begin (3) an agent or employee of a law enforcement agency; and
new text end

new text begin (4) an agent or employee of a court.
new text end

new text begin (e) "Immigration enforcement" includes all efforts to investigate, enforce, or assist in
the investigation 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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin Subd. 2. new text end

new text begin Prohibited actions. new text end

new text begin (a) A government agent shall not, for immigration
enforcement purposes:
new text end

new text begin (1) use public funds, facilities, property, equipment, or personnel to stop, investigate,
detain, detect, report, or arrest a person;
new text end

new text begin (2) respond to a hold, notification, or transfer request from federal immigration
authorities;
new text end

new text begin (3) respond to a request for nonpublicly available information about a person, including
information about the person's date of release from incarceration, home address, or work
address;
new text end

new text begin (4) make an arrest based on a civil immigration warrant;
new text end

new text begin (5) give federal immigration authorities access to interview a person in agency or
department custody;
new text end

new text begin (6) 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, or policy; or
new text end

new text begin (7) support or assist in civil immigration enforcement operations, including the
establishment of traffic perimeters.
new text end

new text begin (b) A law enforcement official shall not stop, arrest, search, or detain an individual to:
new text end

new text begin (1) investigate a suspected immigration violation; or
new text end

new text begin (2) inquire about immigration or citizenship status or place of birth of an arrestee or
victim of crime.
new text end

new text begin (c) A government agent or nongovernmental organization that receives funding from
the state or a local unit of government shall not:
new text end

new text begin (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;
new text end

new text begin (2) make a governmental database available 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
new text end

new text begin (3) participate in any manner in the creation or maintenance of a registry described in
clause (1) or (2).
new text end

new text begin (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, except to the extent that such a law enforcement
officer remains subject to state law governing the officer's conduct and the policies of the
employing agency.
new text end

new text begin (e) A government agent shall not, at the request of federal immigration authorities,
without a judicial warrant:
new text end

new text begin (1) transfer an individual to federal immigration authorities for purposes of immigration
enforcement;
new text end

new text begin (2) detain an individual; or
new text end

new text begin (3) notify federal immigration authorities of release information.
new text end

new text begin (f) A government agent shall not take any adverse 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.
new text end

new text begin Subd. 3. new text end

new text begin Policies required. new text end

new text begin (a) By September 1, 2017, the commissioner of public safety,
in consultation with appropriate stakeholders, shall adopt and disseminate model policies
to ensure that all public schools, hospitals, and courthouses remain safe and accessible to
all Minnesota residents, regardless of immigration status.
new text end

new text begin (b) By January 15, 2018, all public schools, hospitals, and courthouses shall establish
and publish policies that limit immigration enforcement on their premises to the fullest
extent possible consistent with federal and state law.
new text end

new text begin Subd. 4. new text end

new text begin Exceptions. new text end

new text begin Nothing in this section prevents a government agent from:
new text end

new text begin (1) responding to:
new text end

new text begin (i) a request from federal immigration authorities for information about a specific person's
criminal record when allowed by state law; or
new text end

new text begin (ii) a lawful subpoena; or
new text end

new text begin (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.
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 beginAGENCY REVIEW OF POLICIES.
new text end

new text begin 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:
(1) is limited to that which is necessary to perform agency duties; and (2) is not used or
disclosed: (i) for inquiries into immigration status unless required by federal law or necessary
to make a determination of eligibility; or (ii) for any other unauthorized purpose. Any
necessary changes to those policies shall be made as expeditiously as possible, consistent
with agency or department procedures.
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 beginEXISTING AGREEMENTS VOID.
new text end

new text begin Any existing agreement that allows access to any information in a state or local database
and that conflicts with section 1 is void.
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