SF4992

Purpose

• Limit the involvement of Minnesota state and local government in federal civil immigration enforcement.
• Protect safety, privacy, and trust in government while ensuring resources focus on non-immigration public safety needs.
• Ensure access to basic services (like health care and education) is not deterred by immigration concerns.

Main Provisions

• Definitions and scope

  • Defines civil immigration enforcement as all actions to investigate, detect, arrest, or detain people for purposes of enforcing federal immigration laws (including removal or deportation), and excludes efforts to help with immigration benefits or to prevent deportation when not tied to enforcement.
  • Establishes what counts as a civil immigration warrant and who is a federal immigration authority.
  • Clarifies who is a public safety agency and who counts as public safety personnel.

• Government restrictions (Section on government units)

  • Government units must not seek or accept money tied to civil immigration enforcement programs.
  • Government units must not amend contracts or agreements to house or detain people for civil immigration enforcement.
  • By September 1, 2026, government units must terminate contracts that house or detain people for civil immigration enforcement.
  • Governments must create written policies to prevent immigration status from unduly restricting access to state programs.

• Public safety agency restrictions

  • Public safety agencies cannot comply with detainers, civil immigration warrants, or transfer requests related to civil immigration enforcement.
  • Public safety agencies cannot assist with civil immigration enforcement, including making arrests or setting up roadchecks for that purpose.
  • Public safety agencies cannot use federal money or participate in programs aimed at civil immigration enforcement.
  • Prohibits investigating or questioning someone about citizenship or immigration status in a way tied to civil enforcement.
  • Prohibits sharing or using federal data or data requests for civil immigration enforcement without a judicial warrant, with several listed exceptions.
  • Prohibits transferring custody of individuals to federal authorities for civil enforcement without a judicial warrant.
  • Requires that data-sharing practices with federal authorities be documented and justified; protects safe access to public spaces (courthouses, hospitals, schools, etc.) for all residents regardless of status.
  • Requires compliance with treaty obligations (like consular notification) and explains rights to individuals about not disclosing nationality or immigration status.

• Education protections

  • Prohibits denying a student’s education based on immigration status.
  • Creates a civil cause of action if the right to education is denied because of immigration status.

• Data, reporting, and governance

  • Reforms and classifies data related to immigration enforcement and requires reporting on data requests from federal authorities.
  • Requires hospitals to establish and implement policies for interactions with law enforcement agents.
  • Repeals or amends various statutes to align with these protections and adds new law codifications across several chapters.

• Other notable changes

  • Repeals certain existing Minnesota statutes and adds new codifications to multiple chapters.
  • Allows for civil actions for constitutional rights violations tied to immigration status.
  • Requires language access and related supports when handling interactions with individuals in custody or contact with public safety.

Key Changes to Existing Law

• Foremost shift: state and local government cannot participate in federal civil immigration enforcement; removal of housing or detention for such purposes.
• New requirements for written policies and ongoing compliance for public safety agencies and government units.
• A built-in deadline (September 1, 2026) to terminate existing housing/detention contracts tied to civil immigration enforcement.
• Expanded protections for access to education and nondiscrimination based on immigration status.
• New data practices: mandatory documentation of data requests from federal authorities and coordination to keep public spaces accessible to all residents.
• Repeal and codification updates across multiple statutes to reflect these protections and restrictions.

Practical Implications for Minnesotans

• Immigrant communities may feel safer approaching police or seeking services without fear of immigration enforcement.
• Hospitals, schools, courthouses, and other public spaces are intended to remain accessible to all residents, regardless of status.
• Local governments will need to adjust contracts, funding, and policies to avoid civil immigration enforcement activities.
• Citizens may have new avenues to challenge actions that deny education or rights based on immigration status.

Relevant Terms - civil immigration enforcement - civil immigration warrant - detainer - public safety agency - public safety personnel - government unit - federal immigration authorities - consular notification - education based on immigration status - civil action - I918 Supplement B - I914 - I854 - State Criminal Alien Assistance Program - intergovernmental service agreement - housing or detention for civil immigration enforcement - judicial warrant - data requests - hospitals and health care facilities - access to data and information without warrant - treaty obligations