HF4087 (Legislative Session 94 (2025-2026))

Publicly funded state and local institutions required to provide notice to United States Immigration and Customs Enforcement when certain noncitizens are being housed in a facility under the institution's control.

AI Generated Summary

Purpose

This bill would require publicly funded state and local facilities that house certain noncitizens to immediately notify U.S. Immigration and Customs Enforcement (ICE) about those individuals. It also creates a formal process to review the immigration status of inmates serving felony sentences. The goal is to ensure ICE is informed about aliens in custody and to formalize an “immigrant status review” for felony inmates.

Main Provisions

  • Notice when aliens are in custody (Section 1)

    • Applies to: people in pretrial confinement, people convicted of a felony, or people found to be mentally ill and committed to a state or county facility that is publicly funded.
    • Requirement: facility leadership must promptly determine the person’s nationality. If the person is an alien, they must immediately notify the U.S. immigration officer in charge of the district where the facility is located.
    • Information to share: date of charges or conviction, the reasons for the crimes, how long the person is committed, the country of which the person is a citizen, and the date and port of entry into the United States.
    • Additional provision for mental illness: if a person is mentally ill and dangerous to the public (as defined by law) or at risk due to mental illness, the same inquiry and notice requirements apply.
  • Inmate Immigration Status Review (Section 2)

    • Timeline: by July 1, 2026, officials in charge of state or county facilities housing people serving felony sentences must inquire into each inmate’s nationality.
    • If the inmate is an alien, they must immediately notify ICE with the following details: date of the conviction and the crime, the length of the sentence/commitment, the country of citizenship, and the date and port of entry into the United States.

Scope and Coverage

  • Institutions covered: any state or county institution that is funded wholly or in part by public funds and that houses people (including those in pretrial confinement, those convicted of felonies, and certain mentally ill individuals).
  • Roles involved: commissioner of corrections, chief executive officer, sheriff, or other officer in charge of the institution must perform the inquiries and notices.

Implementation and Effects

  • Administrative process: requires immediate nationality inquiry and prompt ICE notification when an alien is identified.
  • Data shared with ICE: nationality, dates of charges/conviction, crime, length of commitment, citizenship country, and entry information (date and port).
  • Change to law: creates a new mandatory reporting obligation to ICE for a broad category of individuals in publicly funded facilities and establishes a formal status review process for felony inmates.

Potential Considerations

  • The bill increases information sharing with federal immigration authorities for people in custody.
  • It does not alter custody decisions or sentences; it only changes notification and review procedures.
  • Could raise questions about privacy, civil rights, and the handling of sensitive immigration data in correctional settings.

Relevant Terms

  • alien
  • nationality
  • United States immigration officer
  • district
  • date of charges or conviction
  • reasons for crimes
  • length of time for which committed
  • country of citizenship
  • date and port of entry
  • pretrial confinement
  • felony
  • mentally ill
  • dangerous to the public
  • mental illness (253B.02 subdivisions 17 and 17a)
  • public funds
  • state or county institution
  • commissioner of corrections
  • chief executive officer
  • sheriff
  • Inmate Immigration Status Review
  • By July 1, 2026
  • district in which the facility is located
  • notification to ICE

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 09, 2026HouseActionIntroduction and first reading, referred toPublic Safety Finance and Policy

Citations

 
[
  {
    "analysis": {
      "added": [
        "Inclusion of mandatory ICE notice for alien inmates in custody under pretrial confinement or after felony conviction.",
        "Requirement to transmit information: date of charges or conviction, length of confinement, country of citizenship, and date/port of last entry into the United States."
      ],
      "removed": [],
      "summary": "This bill amends Minnesota Statutes 2024, section 631.50, to require public institutions funded by public money to notify United States ICE when inmates are aliens, and to provide information about charges/conviction, duration of confinement, country of citizenship, and entry details; the notice requirements also apply to certain mentally ill individuals.",
      "modified": [
        "Adds notice and related procedures to the existing §631.50."
      ]
    },
    "citation": "631.50",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        "Extends the notice-to-ICE requirement to individuals deemed 'dangerous to the public' under §253B.02, subd. 17."
      ],
      "removed": [],
      "summary": "References Minnesota Statutes §253B.02, subd. 17 (dangerous to the public as defined) to apply the notice-to-ICE requirement when an alien falls within this definition and is committed to a state or county institution.",
      "modified": []
    },
    "citation": "253B.02",
    "subdivision": "17"
  },
  {
    "analysis": {
      "added": [
        "Extends the notice-to-ICE requirement to individuals who 'pose a risk of harm due to mental illness' under §253B.02, subd. 17a."
      ],
      "removed": [],
      "summary": "References Minnesota Statutes §253B.02, subd. 17a (poses a risk of harm due to mental illness) to apply the notice-to-ICE requirement when such an alien is committed.",
      "modified": []
    },
    "citation": "253B.02",
    "subdivision": "17a"
  }
]
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