as introduced - 87th Legislature (2011 - 2012) Posted on 04/19/2012 09:26am
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:
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(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.
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(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:
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(1) sending the data to, or requesting or receiving the information from, the United
States Department of Homeland Security;
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(2) maintaining the data; or
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(3) exchanging the data with any other federal, state, or local government entity.
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(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.
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This section is effective the day following final enactment.
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(a) For purposes of this section, the following terms have the meanings given them:
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(1) "criminal justice agency" has the meaning given in section 13.02;
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(2) "government entity" has the meaning given in section 13.02;
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(3) "peace officer" has the meaning given in section 626.84;
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(4) "person" has the meaning given in section 13.02; and
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(5) "political subdivision" has the meaning given in section 13.02.
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(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.
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(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.
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