Minnesota 2025 2025-2026 Regular Session

Minnesota House Bill HF16 Introduced / Bill

Filed 01/21/2025

                    1.1	A bill for an act​
1.2 relating to law enforcement; prohibiting immigration law enforcement​
1.3 noncooperation ordinances and policies; providing for use of immigration-related​
1.4 data; requiring county attorneys to notify federal immigration authorities when an​
1.5 undocumented person is arrested for a crime of violence; proposing coding for​
1.6 new law in Minnesota Statutes, chapters 13; 299A; 388.​
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.8 Section 1. [13.021] IMMIGRATION DATA; PREEMPTION.​
1.9 (a) Notwithstanding any other state or local law, no government entity or responsible​
1.10authority within Minnesota may prohibit, or in any way restrict, any government entity,​
1.11responsible authority or designee, or other official from sending to, or receiving from, a​
1.12federal immigration agency or federal law enforcement officer, information regarding the​
1.13citizenship or immigration status, lawful or unlawful, of any individual for the purpose of​
1.14complying with, aiding, or assisting in the enforcement of federal immigration laws and​
1.15regulations.​
1.16 (b) Notwithstanding any other state or local law, no person or government entity may​
1.17prohibit, or in any way restrict, a public employee from doing any of the following with​
1.18respect to data regarding the immigration status, lawful or unlawful, of any individual:​
1.19 (1) sending the data to, or requesting or receiving the information from, a federal​
1.20immigration agency or federal law enforcement officer;​
1.21 (2) maintaining the data; or​
1​Section 1.​
REVISOR KLL/EN 25-02451​01/17/25 ​
State of Minnesota​
This Document can be made available​
in alternative formats upon request​
HOUSE OF REPRESENTATIVES​
H. F. No.  16​
NINETY-FOURTH SESSION​
Authored by Rymer and Franson​01/22/2025​
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy​ 2.1 (3) exchanging the data with any other federal, state, or local government entity for the​
2.2purpose of complying with, aiding, or assisting in the enforcement of federal immigration​
2.3laws and regulations.​
2.4 (c) When the attorney general or a county attorney has information providing a reasonable​
2.5ground to believe that any person or government entity failed to comply with this section,​
2.6the attorney general or a county attorney shall investigate those violations, or suspected​
2.7violations, and apply to a district court, upon notice, and the court, on a showing by the​
2.8attorney general of cause therefor, may issue such order as may be required to compel​
2.9compliance with this section.​
2.10 (d) For the purposes of this section, the following terms have the meanings given:​
2.11 (1) "federal immigration agency" means the United States Department of Justice and​
2.12the United States Department of Homeland Security, a division within such an agency,​
2.13including United States Immigration and Customs Enforcement and United States Customs​
2.14and Border Protection, any successor agency, and any other federal agency charged with​
2.15the enforcement of immigration law; and​
2.16 (2) "federal law enforcement officer" means any officer, agent, or employee of the United​
2.17States authorized by law or by a government agency to engage in or supervise the prevention,​
2.18detection, investigation, or prosecution of any violation of federal criminal law.​
2.19 EFFECTIVE DATE.This section is effective the day following final enactment.​
2.20 Sec. 2. [299A.82] IMMIGRATION LAWS; NONCOOPERA TION PROHIBITED.​
2.21 (a) For purposes of this section, the following terms have the meanings given:​
2.22 (1) "criminal justice agency" has the meaning given in section 13.02, subdivision 3a;​
2.23 (2) "federal immigration agency" means the United States Department of Justice and​
2.24the United States Department of Homeland Security, a division within such an agency,​
2.25including United States Immigration and Customs Enforcement and United States Customs​
2.26and Border Protection, any successor agency, and any other federal agency charged with​
2.27the enforcement of immigration law;​
2.28 (3) "federal law enforcement officer" means any officer, agent, or employee of the United​
2.29States authorized by law or by a government agency to engage in or supervise the prevention,​
2.30detection, investigation, or prosecution of any violation of federal criminal law;​
2.31 (4) "government entity" has the meaning given in section 13.02, subdivision 7a;​
2​Sec. 2.​
REVISOR KLL/EN 25-02451​01/17/25 ​ 3.1 (5) "peace officer" has the meaning given in section 626.84, subdivision 1, paragraph​
3.2(c);​
3.3 (6) "person" has the meaning given in section 13.02, subdivision 10; and​
3.4 (7) "political subdivision" has the meaning given in section 13.02, subdivision 11.​
3.5 (b) Notwithstanding any other state or local law, no political subdivision, whether acting​
3.6through its governing body or by an initiative, referendum, or any other process, shall enact​
3.7any ordinance, regulation, or policy that limits or prohibits a criminal justice agency, peace​
3.8officer, or official or employee of the political subdivision from communicating or​
3.9cooperating with a federal immigration agency or federal law enforcement officer with​
3.10regard to (1) information concerning the immigration status of any person within Minnesota​
3.11for the purpose of complying with, aiding, or assisting in the enforcement of federal​
3.12immigration laws and regulations, or (2) the enforcement of federal immigration laws and​
3.13regulations.​
3.14 (c) When the attorney general or a county attorney has information providing a reasonable​
3.15ground to believe that any person or government entity failed to comply with this section,​
3.16the attorney general or county attorney shall investigate those violations, or suspected​
3.17violations, and apply to a district court, upon notice, and the court, on a showing by the​
3.18attorney general of cause therefor, may issue such order as may be required to compel​
3.19compliance with this section.​
3.20 EFFECTIVE DATE.This section is effective the day following final enactment.​
3.21 Sec. 3. [388.165] UNDOCUMENTED OFFENDERS; REPORTING REQUIRED.​
3.22 (a) When a peace officer arrests an undocumented person on suspicion of committing​
3.23a crime of violence, as defined in section 624.712, subdivision 5, the county attorney must​
3.24report the person to the United States Immigration and Customs Enforcement Division.​
3.25This reporting requirement applies in all cases even if the county attorney elects not to file​
3.26charges against the arrested undocumented person.​
3.27 (b) The report required under this section must include for each undocumented person,​
3.28if known, all of the following:​
3.29 (1) the name, date of birth, country of origin, and home address of the undocumented​
3.30person;​
3.31 (2) the date of the offense;​
3.32 (3) the location of the offense;​
3​Sec. 3.​
REVISOR KLL/EN 25-02451​01/17/25 ​ 4.1 (4) the crime committed;​
4.2 (5) any organized group involved in the incident;​
4.3 (6) the status of the case; and​
4.4 (7) any additional information the superintendent deems necessary for the acquisition​
4.5of accurate and relevant data.​
4.6 (c) For purposes of this section, an "undocumented person" is someone who resides in​
4.7the United States without the approval or acquiescence of the United States Citizenship and​
4.8Immigration Services.​
4.9 EFFECTIVE DATE.This section is effective the day following final enactment.​
4​Sec. 3.​
REVISOR KLL/EN 25-02451​01/17/25 ​