SF5299

Purpose

The bill aims to protect people who are attending, going to, or returning from court proceedings from civil immigration enforcement actions. It creates a clear rule that certain court participants cannot be subjected to civil arrests in and around court locations, establishes a civil liability framework for false imprisonment if those rules are violated, and provides limited immunity for judicial branch employees acting in good faith. It also sets up court-ordered safeguards to protect the court access process.

Key Definitions

• Civil Arrest: Taking a person into custody for a civil immigration violation or briefly stopping someone to serve a notice to appear or similar document that starts removal proceedings.
• Court Companion: A broad category of people connected to a party, witness, or potential witness (such as spouses, domestic partners, family members, interpreters, translators, health care providers, case managers, advocates, or others helping with court participation).
• Court Proceeding: Any matter pending in state or administrative courts, including civil, criminal, and administrative proceedings.
• Judicial Warrant: A written court order that authorizes a person to arrest another.
• Law Enforcement Agency: Any local, state, or federal entity with police powers.
• Privilege from civil arrest: The protection that certain people have from civil arrests while involved with a court proceeding.

Civil Arrest Prohibition at Court Locations

• Privilege from civil arrest applies to a person who is a party, a witness, a potential witness, or a court companion when they are going to, remaining at, or returning from a court proceeding.
• The protection covers a wide area, including:
  • the location of the court proceeding (including remote/online access points),
  • the courthouse building itself,
  • the premises of the courthouse, including parking facilities serving the courthouse,
  • sidewalks, parkways, and streets surrounding the courthouse and its premises.
• This prohibition is in addition to any other rights; it does not narrow other rights to seek relief.
• Criminal arrest (not civil) can still occur if there is probable cause for a criminal violation, or if a criminal arrest warrant is issued.
• Courts may issue orders to protect this privilege from arrest to ensure access to the court and smooth judicial administration.

Civil Action Remedies and Damages

• If someone violates the privilege from civil arrest, the affected person can sue for civil damages for false imprisonment.
• Damages include actual damages plus statutory damages of $10,000 if the arrestee was a party witness, potential witness, or court companion going to, remaining at, or returning from the court proceeding at the time of the arrest, and the arrestee’s status as such was known or reasonably should have been known.
• Courts may grant additional equitable or declaratory relief as just and appropriate.
• Prevailing plaintiffs may be awarded costs and reasonable attorney fees.

Liability and Protections for Officials

• A judicial branch employee acting in good faith is not personally liable in criminal, civil, or administrative proceedings for complying with the Civil Access provisions (Sections 480C.01 to 480C.03).
• The protections do not affect other rights or defenses provided by law.

Significant Changes to Law

• Establishes a formal “privilege from civil arrest” for court participants in and around court locations, including remote proceedings and surrounding sidewalks and parking areas.
• Creates a civil damages remedy for false imprisonment when civil arrests occur in violation of these provisions, with a specific $10,000 statutory damage amount in certain circumstances.
• Clarifies that criminal arrests can still occur with probable cause or judicial warrants, preserving public safety and lawful enforcement.
• Provides immunity for judicial branch employees acting in good faith, reducing the risk of liability for enforcing these access protections.
• Codifies these protections in Minnesota statutes (noting amendments and new code to implement these provisions).

Relevant Terms

• civil arrest
• court proceeding
• court companion
• party witness
• potential witness
• privilege from civil arrest
• false imprisonment
• civil damages
• statutory damages
• equitable relief
• declaratory relief
• costs
• attorney fees
• criminal arrest
• probable cause
• judicial warrant
• court orders
• courthouse
• parking facilities
• sidewalks
• parkways
• Minnesota Statutes 480C.01 to 480C.04
• good faith
• judicial branch employee

Relevant terms (inferred from impact): immigration enforcement, sensitive locations, access to the court, civil remedies.