| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to law enforcement; prohibiting immigration law enforcement |
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| 3 | 3 | | 1.3 noncooperation ordinances and policies; providing for use of immigration-related |
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| 4 | 4 | | 1.4 data; requiring county attorneys to notify federal immigration authorities when an |
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| 5 | 5 | | 1.5 undocumented person is arrested for a crime of violence; proposing coding for |
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| 6 | 6 | | 1.6 new law in Minnesota Statutes, chapters 13; 299A; 388. |
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| 7 | 7 | | 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 8 | 8 | | 1.8 Section 1. [13.021] IMMIGRATION DATA; PREEMPTION. |
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| 9 | 9 | | 1.9 (a) Notwithstanding any other state or local law, no government entity or responsible |
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| 10 | 10 | | 1.10authority within Minnesota may prohibit, or in any way restrict, any government entity, |
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| 11 | 11 | | 1.11responsible authority or designee, or other official from sending to, or receiving from, a |
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| 12 | 12 | | 1.12federal immigration agency or federal law enforcement officer, information regarding the |
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| 13 | 13 | | 1.13citizenship or immigration status, lawful or unlawful, of any individual for the purpose of |
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| 14 | 14 | | 1.14complying with, aiding, or assisting in the enforcement of federal immigration laws and |
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| 15 | 15 | | 1.15regulations. |
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| 16 | 16 | | 1.16 (b) Notwithstanding any other state or local law, no person or government entity may |
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| 17 | 17 | | 1.17prohibit, or in any way restrict, a public employee from doing any of the following with |
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| 18 | 18 | | 1.18respect to data regarding the immigration status, lawful or unlawful, of any individual: |
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| 19 | 19 | | 1.19 (1) sending the data to, or requesting or receiving the information from, a federal |
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| 20 | 20 | | 1.20immigration agency or federal law enforcement officer; |
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| 21 | 21 | | 1.21 (2) maintaining the data; or |
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| 22 | 22 | | 1Section 1. |
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| 23 | 23 | | REVISOR KLL/EN 25-0245101/17/25 |
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| 24 | 24 | | State of Minnesota |
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| 25 | 25 | | This Document can be made available |
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| 26 | 26 | | in alternative formats upon request |
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| 27 | 27 | | HOUSE OF REPRESENTATIVES |
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| 28 | 28 | | H. F. No. 16 |
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| 29 | 29 | | NINETY-FOURTH SESSION |
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| 30 | 30 | | Authored by Rymer and Franson01/22/2025 |
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| 31 | 31 | | 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 |
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| 32 | 32 | | 2.2purpose of complying with, aiding, or assisting in the enforcement of federal immigration |
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| 33 | 33 | | 2.3laws and regulations. |
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| 34 | 34 | | 2.4 (c) When the attorney general or a county attorney has information providing a reasonable |
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| 35 | 35 | | 2.5ground to believe that any person or government entity failed to comply with this section, |
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| 36 | 36 | | 2.6the attorney general or a county attorney shall investigate those violations, or suspected |
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| 37 | 37 | | 2.7violations, and apply to a district court, upon notice, and the court, on a showing by the |
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| 38 | 38 | | 2.8attorney general of cause therefor, may issue such order as may be required to compel |
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| 39 | 39 | | 2.9compliance with this section. |
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| 40 | 40 | | 2.10 (d) For the purposes of this section, the following terms have the meanings given: |
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| 41 | 41 | | 2.11 (1) "federal immigration agency" means the United States Department of Justice and |
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| 42 | 42 | | 2.12the United States Department of Homeland Security, a division within such an agency, |
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| 43 | 43 | | 2.13including United States Immigration and Customs Enforcement and United States Customs |
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| 44 | 44 | | 2.14and Border Protection, any successor agency, and any other federal agency charged with |
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| 45 | 45 | | 2.15the enforcement of immigration law; and |
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| 46 | 46 | | 2.16 (2) "federal law enforcement officer" means any officer, agent, or employee of the United |
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| 47 | 47 | | 2.17States authorized by law or by a government agency to engage in or supervise the prevention, |
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| 48 | 48 | | 2.18detection, investigation, or prosecution of any violation of federal criminal law. |
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| 49 | 49 | | 2.19 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 50 | 50 | | 2.20 Sec. 2. [299A.82] IMMIGRATION LAWS; NONCOOPERA TION PROHIBITED. |
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| 51 | 51 | | 2.21 (a) For purposes of this section, the following terms have the meanings given: |
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| 52 | 52 | | 2.22 (1) "criminal justice agency" has the meaning given in section 13.02, subdivision 3a; |
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| 53 | 53 | | 2.23 (2) "federal immigration agency" means the United States Department of Justice and |
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| 54 | 54 | | 2.24the United States Department of Homeland Security, a division within such an agency, |
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| 55 | 55 | | 2.25including United States Immigration and Customs Enforcement and United States Customs |
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| 56 | 56 | | 2.26and Border Protection, any successor agency, and any other federal agency charged with |
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| 57 | 57 | | 2.27the enforcement of immigration law; |
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| 58 | 58 | | 2.28 (3) "federal law enforcement officer" means any officer, agent, or employee of the United |
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| 59 | 59 | | 2.29States authorized by law or by a government agency to engage in or supervise the prevention, |
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| 60 | 60 | | 2.30detection, investigation, or prosecution of any violation of federal criminal law; |
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| 61 | 61 | | 2.31 (4) "government entity" has the meaning given in section 13.02, subdivision 7a; |
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| 62 | 62 | | 2Sec. 2. |
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| 63 | 63 | | REVISOR KLL/EN 25-0245101/17/25 3.1 (5) "peace officer" has the meaning given in section 626.84, subdivision 1, paragraph |
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| 64 | 64 | | 3.2(c); |
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| 65 | 65 | | 3.3 (6) "person" has the meaning given in section 13.02, subdivision 10; and |
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| 66 | 66 | | 3.4 (7) "political subdivision" has the meaning given in section 13.02, subdivision 11. |
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| 67 | 67 | | 3.5 (b) Notwithstanding any other state or local law, no political subdivision, whether acting |
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| 68 | 68 | | 3.6through its governing body or by an initiative, referendum, or any other process, shall enact |
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| 69 | 69 | | 3.7any ordinance, regulation, or policy that limits or prohibits a criminal justice agency, peace |
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| 70 | 70 | | 3.8officer, or official or employee of the political subdivision from communicating or |
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| 71 | 71 | | 3.9cooperating with a federal immigration agency or federal law enforcement officer with |
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| 72 | 72 | | 3.10regard to (1) information concerning the immigration status of any person within Minnesota |
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| 73 | 73 | | 3.11for the purpose of complying with, aiding, or assisting in the enforcement of federal |
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| 74 | 74 | | 3.12immigration laws and regulations, or (2) the enforcement of federal immigration laws and |
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| 75 | 75 | | 3.13regulations. |
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| 76 | 76 | | 3.14 (c) When the attorney general or a county attorney has information providing a reasonable |
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| 77 | 77 | | 3.15ground to believe that any person or government entity failed to comply with this section, |
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| 78 | 78 | | 3.16the attorney general or county attorney shall investigate those violations, or suspected |
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| 79 | 79 | | 3.17violations, and apply to a district court, upon notice, and the court, on a showing by the |
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| 80 | 80 | | 3.18attorney general of cause therefor, may issue such order as may be required to compel |
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| 81 | 81 | | 3.19compliance with this section. |
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| 82 | 82 | | 3.20 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 83 | 83 | | 3.21 Sec. 3. [388.165] UNDOCUMENTED OFFENDERS; REPORTING REQUIRED. |
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| 84 | 84 | | 3.22 (a) When a peace officer arrests an undocumented person on suspicion of committing |
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| 85 | 85 | | 3.23a crime of violence, as defined in section 624.712, subdivision 5, the county attorney must |
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| 86 | 86 | | 3.24report the person to the United States Immigration and Customs Enforcement Division. |
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| 87 | 87 | | 3.25This reporting requirement applies in all cases even if the county attorney elects not to file |
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| 88 | 88 | | 3.26charges against the arrested undocumented person. |
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| 89 | 89 | | 3.27 (b) The report required under this section must include for each undocumented person, |
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| 90 | 90 | | 3.28if known, all of the following: |
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| 91 | 91 | | 3.29 (1) the name, date of birth, country of origin, and home address of the undocumented |
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| 92 | 92 | | 3.30person; |
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| 93 | 93 | | 3.31 (2) the date of the offense; |
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| 94 | 94 | | 3.32 (3) the location of the offense; |
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| 95 | 95 | | 3Sec. 3. |
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| 96 | 96 | | REVISOR KLL/EN 25-0245101/17/25 4.1 (4) the crime committed; |
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| 97 | 97 | | 4.2 (5) any organized group involved in the incident; |
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| 98 | 98 | | 4.3 (6) the status of the case; and |
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| 99 | 99 | | 4.4 (7) any additional information the superintendent deems necessary for the acquisition |
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| 100 | 100 | | 4.5of accurate and relevant data. |
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| 101 | 101 | | 4.6 (c) For purposes of this section, an "undocumented person" is someone who resides in |
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| 102 | 102 | | 4.7the United States without the approval or acquiescence of the United States Citizenship and |
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| 103 | 103 | | 4.8Immigration Services. |
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| 104 | 104 | | 4.9 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 105 | 105 | | 4Sec. 3. |
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| 106 | 106 | | REVISOR KLL/EN 25-0245101/17/25 |
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