HF3415

Purpose

This bill aims to limit how federal agents can enter child care centers in Minnesota. It sets specific conditions that must be met before a federal agent can access a center, with the goal of protecting children and center operations while still allowing access as required by law.

Main Provisions

• Who is covered: The director, staff, substitutes, and unsupervised volunteers at licensed child care centers, and at certified license-exempt centers.
• Agencies involved: Federal agents employed by the United States Department of Homeland Security or by Immigration and Customs Enforcement, United States Customs and Border Protection, or United States Citizenship and Immigration Services.
• Entry requirements: A federal agent cannot enter the center for any purpose unless they provide:
  • valid identification,
  • a written statement of purpose,
  • a valid judicial warrant, and
  • approval from the child care center license holder.
• Scope of access: If the entry requirements are met, the center must limit access to areas where children are not present.
• Exceptions: The restrictions do not apply if required by state or federal law or as required to administer a state or federally supported child care program.

Significance and Impact

• Strengthens the center’s control over who can enter and under what circumstances.
• Adds a formal screening process for federal enforcement actions occurring at child care facilities.
• Clarifies that access should be limited to non-child areas when a compliant entry is granted.
• Aligns with broader safety and privacy considerations for children in care, while allowing necessary exceptions for legal mandates and program administration.

Scope and Practical Considerations

• Centers must verify identification and ensure an agent has a legitimate written purpose and warrants, with license-holder approval.
• Staff and volunteers at both licensed and certain exempt centers are subject to these access rules.
• The measure emphasizes keeping children’s spaces secure, potentially affecting how and where enforcement actions can take place at centers.

Compliance Notes

• Center staff should be prepared to document approvals and maintain records of any entries by federal agents under this framework.
• Centers must balance compliance with ongoing obligations to operate a licensed or exempt center, including any existing state or federal program requirements.

Terminology Inclusion Highlights

• Federal agent
• United States Department of Homeland Security
• Immigration and Customs Enforcement
• United States Customs and Border Protection
• United States Citizenship and Immigration Services
• valid identification
• written statement of purpose
• valid judicial warrant
• approval from the child care center license holder
• licensed child care center
• certified license-exempt child care center
• areas where children are not present

Relevant Terms

federal agent, DHS, ICE, CBP, USCIS, child care center, licensed, license holder, license-exempt, valid identification, written statement of purpose, judicial warrant, approval, areas without children, entry restrictions, state or federal law, child care program.