SF4448

Purpose

To require that federal immigration officers operating in public, on-site enforcement activities in Minnesota do not wear nonmedical face coverings that hide or obscure their faces, and to set a penalty for violations. The bill creates a new requirement codified in Minnesota Statutes Chapter 626, section 626.78.

Key Definitions

• Covered immigration officer: A person authorized to perform immigration enforcement functions who is an officer or employee of U.S. Immigration and Customs Enforcement (ICE).
• Public immigration enforcement function: Any activity that directly uses federal immigration authority in public-facing operations, including patrol stops, arrests, searches, interviews to determine immigration status, raids, checkpoint inspections, and service of judicial or administrative warrants.
• Public-facing vs. nonpublic operations: Public-facing operations are included; covert nonpublic-facing operations and non-enforcement activities are not covered by this section.
• Nonmedical face covering: A mask, hood, or balaclava that covers or conceals the officer’s face or impairs visibility, with an exception only if the covering is necessary to guard against hazardous environmental conditions.

Main Provisions

• Prohibition: A covered immigration officer must not wear a nonmedical face covering that impairs visibility or conceals or covers the face while carrying out a public immigration enforcement function, unless the covering is necessary to protect against hazardous environmental conditions.
• Penalty: Violations by a covered immigration officer are misdemeanors.
• Scope and codification: Establishes a new statutory rule in Minnesota Statutes Chapter 626, section 626.78, specifically addressing immigration law enforcement face coverings.

Significant Changes

• Creates a new Minnesota state-law requirement governing federal immigration enforcement operations conducted in Minnesota.
• Explicitly ties public-facing immigration enforcement activities to face-covering visibility standards and sets a misdemeanor penalty for noncompliance.
• Distinguishes between public-facing enforcement activities and covert/non-enforcement activities, clarifying that the rule applies only to the former.

Practical Impact (summary)

• Federal ICE officers or ICE employees working in Minnesota on public immigration enforcement activities would be required to have their faces visible during those functions, except when a face covering is needed for hazardous environmental conditions.
• The rule establishes accountability through a misdemeanor penalty for violations.

Relevant Terms - covered immigration officer - public immigration enforcement function - nonmedical face covering - mask - hood - balaclava - visibility - conceal/cover face - hazardous environmental conditions - United States Immigration and Customs Enforcement (ICE) - Minnesota Statutes Chapter 626 - 626.78 - misdemeanor