SF 3361

as introduced - 91st Legislature (2019 - 2020) Posted on 02/20/2020 02:57pm

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) When the attorney general has information providing a reasonable ground to believe
that any person or government entity failed to comply with this section, the attorney general
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 therefore, 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

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) When the attorney general has information providing a reasonable ground to believe
that any person or government entity failed to comply with this section, the attorney general
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 therefore, may issue
such order as may be required to compel compliance with this section.
new text end