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A bill for an act
relating to immigration enforcement; restricting law enforcement access to sensitive
locations; establishing civil remedies; modifying the concealing identity crime;
expanding the scope of use of force investigations; limiting access to certain
information; amending Minnesota Statutes 2024, sections 13.319, by adding a
subdivision; 13.32, subdivision 3; 123B.51, by adding a subdivision; 299C.80,
subdivision 1; 609.662, by adding a subdivision; 609.735; Minnesota Statutes
2025 Supplement, section 13.32, subdivision 5; proposing coding for new law in
Minnesota Statutes, chapters 120A; 135A; 142B; 144; 604; proposing coding for
new law as Minnesota Statutes, chapter 480C.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
COURT ACCESS
Section 1.
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[480C.01] DEFINITIONS.
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Subdivision 1.
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Definitions.
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For purposes of sections 480C.01 to 480C.04, the following
terms have the meanings given.
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Subd. 2.
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Civil arrest.
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"Civil arrest" means taking a person into custody for an alleged
civil immigration violation or conducting a brief stop to serve an individual with a Form
I-862, notice to appear, or other similar document that initiates a removal proceeding. Civil
arrest does not include an arrest:
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(1) for an alleged criminal violation of any federal, state, or local law;
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(2) for a violation of a condition of probation, parole, pretrial release, conditional release,
or supervised release for which arrest is otherwise authorized by law; or
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(3) supported by a judicial warrant or judicial order authorizing the arrest.
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Subd. 3.
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Court companion.
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"Court companion" means:
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(1) a spouse, domestic partner, or person who has a romantic relationship with a party,
witness, or potential witness;
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(2) a biological parent, foster parent, adoptive parent, or stepparent of a party, witness,
or potential witness;
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(3) minor children or other persons under the care of a party, witness, or potential witness;
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(4) an interpreter or translator assisting a party, witness, or potential witness;
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(5) a person assisting a party, witness, or potential witness with reading or completing
court forms or documents;
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(6) a person providing health care or assistance to a party, witness, or potential witness
to allow that individual to participate in the court proceeding;
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(7) a case manager, social worker, domestic violence advocate, or sexual assault advocate
for a party, witness, or potential witness; or
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(8) a person transporting a party, witness, or potential witness to or from a court
proceeding.
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Subd. 4.
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Court proceeding.
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"Court proceeding" means a matter pending under the
jurisdiction or supervision of a state or administrative court, including but not limited to:
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(1) civil proceedings;
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(2) criminal proceedings; and
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(3) administrative proceedings before the Court of Administrative Hearings, the Workers'
Compensation Court of Appeals, or Tax Court.
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Subd. 5.
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Judicial warrant.
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"Judicial warrant" or "judicial order authorizing the arrest"
means a written order from a state court or federal Article III court that authorizes a law
enforcement agency or another person specifically named in the order to arrest a person.
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Subd. 6.
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Law enforcement agency.
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"Law enforcement agency" means any local, state,
or federal entity with statutory police powers and the ability to employ individuals authorized
to make arrests.
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Sec. 2.
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[480C.02] CIVIL ARREST PROHIBITED; CERTAIN LOCATIONS.
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Subdivision 1.
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Privilege from civil arrest.
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A person attending a court proceeding in
which the person is a party, witness, potential witness, or court companion is privileged
from civil arrest while going to, remaining at, and returning from the court proceeding,
including:
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(1) at the location of the court proceedings, including a location where the party, witness,
potential witness, or court companion accesses a court proceeding held remotely;
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(2) within the courthouse building;
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(3) on the premises of the courthouse, including parking facilities serving the courthouse;
and
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(4) on any sidewalk, parkway, or street surrounding the courthouse and its premises.
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Subd. 2.
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Construction.
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(a) Nothing in this section shall be construed to narrow, or in
any way lessen, any common law or other right or privilege of a person privileged from
arrest under this section or otherwise.
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(b) The protections in this section apply regardless of whether a judicial order is issued
under subdivision 4 or a court otherwise implements this section by a rule or order.
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Subd. 3.
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Criminal law violations.
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Nothing in this section precludes the execution of a
criminal arrest warrant issued by a judge or a criminal arrest based on probable cause for a
violation of criminal law.
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Subd. 4.
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Court order.
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In order to maintain access to the court and open judicial
proceedings for all persons in their individual capacity and to prevent interference with the
needs of judicial administration, a court may issue appropriate judicial orders to protect the
privilege from arrest under this section.
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Sec. 3.
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[480C.03] CIVIL ACTION; REMEDIES.
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(a) A person who violates section 480C.02 is liable for civil damages for false
imprisonment, including actual damages and statutory damages of $10,000, if that person
knew or reasonably should have known that the person arrested 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.
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(b) A court may grant any other equitable or declaratory relief it deems appropriate and
just.
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(c) A court may award to a prevailing plaintiff costs and reasonable attorney fees.
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Sec. 4.
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[480C.04] LIABILITY LIMITATION.
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(a) A judicial branch employee, acting in good faith, is not liable in a criminal, civil, or
administrative proceeding for the employee's compliance with sections 480C.01 to 480C.03.
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(b) Nothing in sections 480C.01 to 480C.03 affects any right or defense available under
other law.
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Sec. 5.
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EFFECTIVE DATE.
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Sections 1 to 4 are effective the day following final enactment.
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ARTICLE 2
HEALTH CARE FACILITIES
Section 1.
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[144.6575] DEFINITIONS.
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Subdivision 1.
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Definitions.
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For purposes of sections 144.6575 to 144.6578, the following
terms have the meanings given.
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Subd. 2.
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Commissioner.
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"Commissioner" means the commissioner of health.
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Subd. 3.
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Health care facility.
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"Health care facility" means:
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(1) a hospital licensed under sections 144.50 to 144.56;
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(2) a medical facility as defined in section 144.561;
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(3) a physician's office or health care clinic where licensed practitioners provide health
care to patients;
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(4) a nonprofit community clinic, including a federally qualified health center, a rural
health clinic, public health clinic, or other community clinic that provides health care;
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(5) a nursing home as defined in section 144A.01, subdivision 5; or
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(6) an assisted living facility as defined in section 144G.08, subdivision 7.
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Subd. 4.
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Law enforcement agency.
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"Law enforcement agency" means any local, state,
or federal entity with statutory police powers and the ability to employ individuals authorized
to make arrests.
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Subd. 5.
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Judicial warrant.
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"Judicial warrant" means a written order from a state court
or federal Article III court that authorizes a law enforcement agency or another person
specifically named in the order to arrest a person.
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Subd. 6.
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Law enforcement agent.
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"Law enforcement agent" means a person employed
by a law enforcement agency who is authorized to make a civil arrest.
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Subd. 7.
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Patient.
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"Patient" means a person who receives health care services at a health
care facility.
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Subd. 8.
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Resident.
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"Resident" means a person admitted to a nursing home or assisted
living facility.
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EFFECTIVE DATE.
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This section is effective the day following final enactment.
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Sec. 2.
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[144.6576] LIMITS ON ACCESS TO PREMISES BY LAW ENFORCEMENT
AGENTS ENGAGED IN CIVIL IMMIGRATION ENFORCEMENT.
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Subdivision 1.
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Limits on access to health care facility premises.
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A health care facility
employee must not consent to a law enforcement agent entering a health care facility for
purposes of civil immigration enforcement unless the law enforcement agent provides the
health care facility employee with a valid judicial warrant. The health care facility employee
must request that the law enforcement agent provide valid identification and must grant
entry only to the areas identified in the judicial warrant.
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Subd. 2.
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Notification required.
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A health care facility employee granting entry to a law
enforcement agent engaged in civil immigration enforcement must immediately notify the
person with administrative control of the health care facility and the health care facility's
general counsel or other designated legal representative.
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Subd. 3.
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Scope of duty.
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A health care facility or employee is obligated only to request
the items described in subdivision 1. The facility or employee is not required to take any
additional actions under subdivision 1. The requirements of subdivision 1 do not apply
under exigent or emergency circumstances.
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EFFECTIVE DATE.
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This section is effective the day following final enactment.
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Sec. 3.
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[144.6577] HEALTH CARE FACILITIES; POLICIES REGARDING CIVIL
IMMIGRATION ENFORCEMENT ON PREMISES.
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Subdivision 1.
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Policies regarding law enforcement agent present at health care
facility.
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By December 31, 2026, a health care facility must develop and implement a policy
regarding interactions between health care facility employees and law enforcement agents
present at the health care facility and involved in civil immigration activities. Each policy
must be consistent with the requirements of section 144.6576, subdivision 1, and include:
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(1) the name and contact information of a person or persons designated to be notified
of the presence of a law enforcement agent at the health care facility. The designated contact
person or persons must be legal counsel of the health care facility or other persons within
the management or administration of the health care facility;
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(2) procedures to verify the identity and authority of any law enforcement agent present
at the health care facility, including but not limited to requesting and documenting the first
and last name of the law enforcement agent, the name of the law enforcement agency, and
the badge number of any law enforcement agent present with a patient or resident or
requesting information about a patient or resident; and
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(3) procedures regarding a law enforcement agent's access to the health care facility
premises. A law enforcement agent must not access nonpublic areas of a health care facility
as defined in the policy unless the law enforcement agent provides to a health care facility
employee a valid judicial warrant or is requested by health care facility staff to respond to
a safety or security issue within the health care facility.
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Subd. 2.
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Policies regarding release of information to law enforcement agent.
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By
December 31, 2026, a health care facility must develop and implement a policy regarding
releasing patient or resident information to a law enforcement agent present at the health
care facility. Each policy must include:
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(1) procedures to ensure that any protected health information requested by a law
enforcement agent is released in accordance with all applicable state and federal laws,
including the Minnesota Health Records Act contained in sections 144.291 to 144.298 and
the Health Insurance Portability and Accountability Act (HIPAA), if applicable; and
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(2) procedures that provide that, unless required by state or federal law, a health care
facility employee may only release patient or resident information to a law enforcement
agent engaging in civil immigration enforcement if the law enforcement agent provides:
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(i) a valid subpoena issued by a federal judge or magistrate;
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(ii) a valid order issued by a federal judge or magistrate to require access to the health
care facility premises; or
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(iii) a valid warrant issued by a federal judge or magistrate.
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Subd. 3.
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Policies protecting patient and resident information.
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By December 31, 2026,
a health care facility must develop procedures to ensure that patients and residents are
provided with the following documents:
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(1) if the health care facility is subject to the Minnesota Health Records Act contained
in sections 144.291 to 144.298 or HIPAA, a notice of privacy practices for protected health
information, including information about the patient's or resident's right to request an
amendment to any protected health information or record about the patient or resident
maintained in a designated record set, which may include a request that any of the following
information be deleted, redacted, or amended: place of birth; immigration or citizenship
status; or information from a birth certificate, passport, permanent resident card, alien
registration card, or employment authorization documents; and
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(2) a form enabling a patient or resident to authorize the health care facility to disclose
the patient's or resident's health status, including admission and discharge information, to
the parents, guardians, relatives, or other designees of the patient or resident.
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Subd. 4.
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Health care facility employee training.
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A health care facility must provide
health care facility employees, security personnel, and designated contact persons with
training annually on the policies in subdivisions 1 and 2.
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Subd. 5.
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Policy provided to commissioner.
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A health care facility must submit the
policies required in subdivisions 1 and 2 to the commissioner by December 31, 2026. A
health care facility that fails to comply with the requirements in subdivisions 1 and 2 will
be notified of noncompliance by the commissioner and may be subject to the imposition of
a fine by the commissioner.
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Subd. 6.
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Investigation.
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The commissioner may investigate and respond to complaints
from patients, residents, health care facility employees, and the public alleging noncompliance
with this section. A health care facility and its agents must not retaliate against a patient, a
resident, employees, or an agent who files a complaint under this section.
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Subd. 7.
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Posting immigration rights information on premises.
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A health care facility
must post, either by physical or electronic means, a document providing the phone number
that individuals may call to learn about immigration rights. The document must be posted
on the premises of the health care facility in a conspicuous location that is accessible to
patients, residents, employees, and visitors. The commissioner must develop and provide
the document to health care facilities.
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Sec. 4.
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[144.6578] LIABILITY LIMITATION.
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(a) A health care facility employee, acting in good faith, is not liable in a criminal, civil,
or administrative proceeding for the employee's compliance with sections 144.6575 to
144.6577.
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(b) Nothing in sections 144.6575 to 144.6577 affects any right or defense available under
other law.
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ARTICLE 3
EDUCATIONAL INSTITUTIONS
Section 1.
Minnesota Statutes 2024, section 13.319, is amended by adding a subdivision
to read:
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Subd. 9.
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Citizenship or immigration status.
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Treatment of data relating to a student's
actual or perceived citizenship or immigration status is governed by section 120A.50.
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Sec. 2.
Minnesota Statutes 2024, section 13.32, subdivision 3, is amended to read:
Subd. 3.
Private data; when disclosure is permitted.
Except as provided in subdivision
5, educational data is private data on individuals and shall not be disclosed except as follows:
(a) pursuant to section
13.05
;
(b) pursuant to a valid court order;
(c) pursuant to a statute specifically authorizing access to the private data;
(d) to disclose information in health, including mental health, and safety emergencies
pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I), and Code
of Federal Regulations, title 34, section 99.36;
(e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1),
(b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal Regulations,
title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39
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, except that no disclosure may
be made for purposes of civil immigration enforcement pursuant to United States Code,
title 20, section 1232g(b)(1)(J)(ii), or Code of Federal Regulations, title 34, subtitle A,
section 99.31(a)(9)(i)-(ii), in the absence of a judicial order or judicially issued subpoena
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;
(f) to appropriate health authorities to the extent necessary to administer immunization
programs and for bona fide epidemiologic investigations which the commissioner of health
determines are necessary to prevent disease or disability to individuals in the public
educational agency or institution in which the investigation is being conducted;
(g) when disclosure is required for institutions that participate in a program under title
IV of the Higher Education Act, United States Code, title 20, section 1092;
(h) to the appropriate school district officials to the extent necessary under subdivision
6, annually to indicate the extent and content of remedial instruction, including the results
of assessment testing and academic performance at a postsecondary institution during the
previous academic year by a student who graduated from a Minnesota school district within
two years before receiving the remedial instruction;
(i) to appropriate authorities as provided in United States Code, title 20, section
1232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the
system to effectively serve, prior to adjudication, the student whose records are released;
provided that the authorities to whom the data are released submit a written request for the
data that certifies that the data will not be disclosed to any other person except as authorized
by law without the written consent of the parent of the student and the request and a record
of the release are maintained in the student's file;
(j) to volunteers who are determined to have a legitimate educational interest in the data
and who are conducting activities and events sponsored by or endorsed by the educational
agency or institution for students or former students;
(k) to provide student recruiting information, from educational data held by colleges
and universities, as required by and subject to Code of Federal Regulations, title 32, section
216;
(l) to the juvenile justice system if information about the behavior of a student who poses
a risk of harm is reasonably necessary to protect the health or safety of the student or other
individuals;
(m) with respect to Social Security numbers of students in the adult basic education
system, to Minnesota State Colleges and Universities and the Department of Employment
and Economic Development for the purpose and in the manner described in section
124D.52,
subdivision 7
;
(n) to the commissioner of education for purposes of an assessment or investigation of
a report of alleged maltreatment of a student as mandated by chapter 260E. Upon request
by the commissioner of education, data that are relevant to a report of maltreatment and are
from charter school and school district investigations of alleged maltreatment of a student
must be disclosed to the commissioner, including
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,
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but not limited to
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,
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the following:
(1) information regarding the student alleged to have been maltreated;
(2) information regarding student and employee witnesses;
(3) information regarding the alleged perpetrator; and
(4) what corrective or protective action was taken, if any, by the school facility in response
to a report of maltreatment by an employee or agent of the school or school district;
(o) when the disclosure is of the final results of a disciplinary proceeding on a charge
of a crime of violence or nonforcible sex offense to the extent authorized under United
States Code, title 20, section 1232g(b)(6)(A) and (B), and Code of Federal Regulations,
title 34, sections 99.31(a)(13) and (14);
(p) when the disclosure is information provided to the institution under United States
Code, title 42, section 14071, concerning registered sex offenders to the extent authorized
under United States Code, title 20, section 1232g(b)(7);
(q) when the disclosure is to a parent of a student at an institution of postsecondary
education regarding the student's violation of any federal, state, or local law or of any rule
or policy of the institution, governing the use or possession of alcohol or of a controlled
substance, to the extent authorized under United States Code, title 20, section 1232g(i), and
Code of Federal Regulations, title 34, section 99.31(a)(15), and provided the institution has
an information release form signed by the student authorizing disclosure to a parent. The
institution must notify parents and students about the purpose and availability of the
information release forms. At a minimum, the institution must distribute the information
release forms at parent and student orientation meetings;
(r) a student's name, home address, telephone number, email address, or other personal
contact information may be disclosed to a public library for purposes of issuing a library
card to the student; or
(s) with federally recognized Tribal Nations about Tribally enrolled or descendant
students to the extent necessary for the Tribal Nation and school district or charter school
to support the educational attainment of the student.
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EFFECTIVE DATE.
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This section is effective the day following final enactment.
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Sec. 3.
Minnesota Statutes 2025 Supplement, section 13.32, subdivision 5, is amended to
read:
Subd. 5.
Directory information; data on parents.
(a) Educational data designated as
directory information is public data on individuals to the extent required under federal law.
Directory information must be designated pursuant to the provisions of:
(1) this subdivision; and
(2) United States Code, title 20, section 1232g, and Code of Federal Regulations, title
34, section 99.37, which were in effect on January 3, 2012.
(b) When conducting the directory information designation and notice process required
by federal law, an educational agency or institution shall give parents and students notice
of the right to refuse to let the agency or institution designate specified data about the student
as directory information. This notice may be given by any means reasonably likely to inform
the parents and students of the right.
(c) An educational agency or institution may not designate a student's or parent's home
address, telephone number, email address, or other personal contact information as directory
information under this subdivision. This paragraph does not apply to a postsecondary
institution.
(d) When requested, educational agencies or institutions must share personal student or
parent contact information and directory information, whether public or private, with the
Minnesota Department of Education, as required for federal reporting purposes.
(e) When requested, and in accordance with requirements for parental consent in the
Code of Federal Regulations, title 34, section 300.622 (b)(2), and part 99, educational
agencies or institutions may share personal student or parent contact information and directory
information for students served in special education with postsecondary transition planning
and services under section
125A.08
, paragraph (b), clause (1), whether public or private,
with the Department of Employment and Economic Development, as required for
coordination of services to students with disabilities under sections
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125A.08
, paragraph (b),
clause (1);
125A.023
; and
125A.027
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125A.023; 125A.027; and 125A.08, paragraph (b),
clause (1)
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.
(f) Data concerning parents is private data on individuals but may be treated as directory
information if the same procedures that are used by a school district to designate student
data as directory information under this subdivision are followed, except that a parent's
home address, telephone number, email address, or other personal contact information may
not be treated as directory information under this subdivision.
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(g) An educational agency or institution may not designate as directory information data
on individuals that indicates or otherwise has the effect of identifying that an individual is
not a citizen or national of the United States, including the individual's status as an
international student.
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EFFECTIVE DATE.
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This section is effective the day following final enactment.
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Sec. 4.
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[120A.50] DENIAL OF FREE PUBLIC EDUCATION PROHIBITED.
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Subdivision 1.
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Definitions.
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(a) For purposes of this section, the following terms have
the meanings given.
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(b) "Citizenship or immigration status" means all matters regarding citizenship of the
United States or any other country or the authority or lack thereof to reside in or otherwise
to be present in the United States, including an individual's nationality and country of
citizenship.
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(c) "Law enforcement agent" means a peace officer as defined in section 626.84,
subdivision 1, paragraph (c), or a federal law enforcement officer as defined in section
626.77, subdivision 3. Law enforcement agent does not include a school resource officer
as defined in section 626.8482.
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(d) "Nonjudicial warrant" means any immigration detainer or civil immigration warrant
issued by a federal agency. Nonjudicial warrant does not include a search warrant as defined
in section 626.05, subdivision 1, or a warrant issued by a judge for the apprehension of a
person charged with offenses.
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(e) "School" means a school district, charter school, or cooperative unit as defined in
section 123A.24, subdivision 2.
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Subd. 2.
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Right to free public education.
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(a) No child may be denied a free kindergarten
through grade 12 public education while in Minnesota based on the child's actual or perceived
immigration status or the actual or perceived citizenship or immigration status of the child's
parent or guardian.
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(b) A school must not exclude a child from participation in or deny a child the benefits
of any program or activity on the grounds of that child's actual or perceived immigration
status or the actual or perceived citizenship or immigration status of the child's parent or
guardian.
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(c) A school must not use policies or procedures or engage in practices that have the
effect of excluding a child from participation in or denying the benefits of any program or
activity or the effect of excluding participation of the child's parent or guardian from parental
engagement activities or programs because of the child's actual or perceived immigration
status or the actual or perceived immigration status of the child's parent or guardian. These
policies, procedures, and practices include:
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(1) requesting or collecting information or documentation from a student or the student's
parent or guardian about citizenship or immigration status unless required by state or federal
law; and
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(2) designating immigration status, citizenship, place of birth, nationality, or national
origin as directory information, as defined by federal and state law.
new text end
new text begin
(d) A school must not:
new text end
new text begin
(1) threaten to disclose anything related to the actual or perceived citizenship or
immigration status of a child or a person associated with the child to any other person or
entity or an immigration or law enforcement agency;
new text end
new text begin
(2) disclose any information related to the actual or perceived citizenship or immigration
status of a child or a person associated with the child to any other person or entity or an
immigration or law enforcement agency; or
new text end
new text begin
(3) disclose any information related to the actual or perceived citizenship or immigration
status of a child or a person associated with the child to any other person or nongovernmental
entity.
new text end
new text begin
(e) Nothing in paragraph (d), clause (2) or (3), may be construed to:
new text end
new text begin
(1) permit the disclosure of student records or information without complying with state
and federal requirements governing the disclosure of the records or information; or
new text end
new text begin
(2) prohibit or restrict an entity from sending to or receiving from the United States
Department of Homeland Security or any other federal, state, or local governmental entity
information regarding the citizenship or immigration status of an individual, in accordance
with United States Code, title 8, sections 1373 and 1644.
new text end
new text begin
Subd. 3.
new text end
new text begin
Required procedures.
new text end
new text begin
By December 31, 2026, a school must develop
procedures for reviewing and authorizing requests from law enforcement agents attempting
to enter a school or school facility for purposes of civil immigration enforcement. The
procedures must comply with the requirements of subdivision 2, paragraph (a), and at a
minimum, include procedures for:
new text end
new text begin
(1) reviewing and contacting a designated authorized person at the school or school
facility and the district superintendent's office or school administrative office, who may
contact the school's legal counsel, and procedures for that authorized person or legal counsel
to review requests to enter a school or school facility, including judicial warrants, nonjudicial
warrants, and subpoenas;
new text end
new text begin
(2) monitoring, accompanying, and documenting all interactions with law enforcement
agents while on the school's premises; and
new text end
new text begin
(3) notifying and seeking consent from a student's parent or guardian, or from the student
if the student is 18 years old or older or emancipated, if a law enforcement agent requests
access to a student for immigration enforcement purposes, unless access is in compliance
with a judicial warrant or subpoena that restricts the disclosure of the information to the
student's parent or guardian.
new text end
new text begin
Subd. 4.
new text end
new text begin
Required policy.
new text end
new text begin
By December 31, 2026, a school must adopt a policy for
complying with subdivisions 2 and 3.
new text end
new text begin
Subd. 5.
new text end
new text begin
Liability limitation.
new text end
new text begin
A school employee, acting in good faith, is not liable in
a criminal, civil, or administrative proceeding for the employee's compliance with this
section. Nothing in this section affects any right or defense available under other law.
new text end
new text begin
EFFECTIVE DATE.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5.
Minnesota Statutes 2024, section 123B.51, is amended by adding a subdivision to
read:
new text begin
Subd. 8.
new text end
new text begin
Limits on access by agents engaged in immigration enforcement.
new text end
new text begin
(a) As
used in this subdivision:
new text end
new text begin
(1) "law enforcement agency" means any local, state, or federal entity with statutory
police powers and the ability to employ individuals authorized to make arrests;
new text end
new text begin
(2) "law enforcement agent" means a person employed by a law enforcement agency
who is authorized to make a civil arrest;
new text end
new text begin
(3) "school property" has the meaning given in section 609.66, subdivision 1d, paragraph
(e), clause (4), items (i), (iii), and (iv), but does not include the described areas as they relate
to private schools; and
new text end
new text begin
(4) "school official" means a school employee, contracted service provider, school bus
driver, or a person having administrative control over a building or facility described in
section 609.66, subdivision 1d, paragraph (e), clause (4), item (iv).
new text end
new text begin
(b) A school official must not consent to a law enforcement agent entering school property
for purposes of immigration enforcement unless the agent provides the school official with
a valid judicial warrant. The school official must request the agent to provide valid
identification and must grant entry to only the areas identified in the judicial warrant.
new text end
new text begin
(c) A school official granting entry to a law enforcement agent engaged in immigration
enforcement must immediately notify the person having administrative control of the school,
and the school's general counsel or other designated legal representative.
new text end
new text begin
(d) This subdivision does not prohibit entry by a law enforcement agent administering
a state or federally supported educational program.
new text end
new text begin
(e) A school official, acting in good faith, is not liable in a criminal, civil, or
administrative proceeding for the official's compliance with this section. Nothing in this
section affects any right or defense available under other law.
new text end
new text begin
EFFECTIVE DATE.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 6.
new text begin
[135A.1455] LIMITS ON ACCESS BY LAW ENFORCEMENT AGENTS.
new text end
new text begin
Subdivision 1.
new text end
new text begin
Applicability.
new text end
new text begin
This section applies to: (1) public postsecondary institutions
governed by either the Board of Trustees of the Minnesota State Colleges and Universities
or the Board of Regents of the University of Minnesota; and (2) private postsecondary
institutions that offer in-person courses on a campus located in Minnesota and that are
eligible institutions as defined in section 136A.103, subdivision 1, paragraph (a). The Board
of Regents of the University of Minnesota is requested to comply with this section.
new text end
new text begin
Subd. 2.
new text end
new text begin
Definitions.
new text end
new text begin
For purposes of this section, the following terms have the meanings
given:
new text end
new text begin
(1) "campus" means:
new text end
new text begin
(i) any building or property owned or controlled by a postsecondary institution within
the same reasonably contiguous geographic area of the institution and used by the institution
in direct support of, or in a manner related to, the institution's educational purposes, including
but not limited to residence halls; and
new text end
new text begin
(ii) property within the same reasonably contiguous geographic area of the institution
that is owned by the institution but controlled by another person, is used by students, and
supports institutional purposes, including but not limited to a food or other retail vendor;
new text end
new text begin
(2) "judicial warrant" means a written order from a state court or federal Article III court
that authorizes a law enforcement agency or another person specifically named in the order
to arrest a person;
new text end
new text begin
(3) "law enforcement agency" means any local, state, or federal entity with statutory
police powers and the ability to employ individuals authorized to make arrests; and
new text end
new text begin
(4) "law enforcement agent" means a person employed by a law enforcement agency
who is authorized to make a civil arrest.
new text end
new text begin
Subd. 3.
new text end
new text begin
Limits on access.
new text end
new text begin
(a) Except as provided in paragraph (d), an official, staff
member, or other employee of a postsecondary institution must not consent to a law
enforcement agent entering the institution's campus for purposes of civil immigration
enforcement unless the agent provides valid identification and a valid judicial warrant that
authorizes access to the campus.
new text end
new text begin
(b) An official, staff member, or other employee of the postsecondary institution granting
entry to a law enforcement agent engaged in civil immigration enforcement must notify:
(1) the chief administrative official of the public postsecondary system, if the institution is
a public postsecondary institution; or (2) the president of the postsecondary institution, if
the institution is a private postsecondary institution. A chief administrative official or
president may designate another school official, staff member, or employee to receive this
notification on their behalf.
new text end
new text begin
(c) If a law enforcement agent meets the requirements of paragraph (a), the official, staff
member, or other employee of the postsecondary institution must grant entry to only the
places, times, and individuals authorized under the judicial warrant.
new text end
new text begin
(d) Paragraph (a) does not restrict campus access by a law enforcement agent that is:
new text end
new text begin
(1) required by state or federal law;
new text end
new text begin
(2) required to administer a state or federally supported education program; or
new text end
new text begin
(3) for purposes of voluntary training, outreach, and support provided through the federal
student exchange and visitor program.
new text end
new text begin
Subd. 4.
new text end
new text begin
Required procedures.
new text end
new text begin
By December 31, 2026, a postsecondary institution
must develop and adopt procedures for reviewing and authorizing requests from law
enforcement agents to enter an institution or any of its facilities for purposes of civil
immigration enforcement. The procedures must comply with the requirements of subdivision
3 and, at a minimum, include procedures for:
new text end
new text begin
(1) reviewing requests and contacting the chief administrative official, president, or
designee at the institution or facility, who may contact the school's legal counsel, and
procedures for that authorized person or legal counsel to review requests to enter an institution
or facility, including judicial warrants, nonjudicial warrants, and subpoenas;
new text end
new text begin
(2) monitoring, accompanying, and documenting all interactions with law enforcement
agents while on the institution or facility's premises; and
new text end
new text begin
(3) notifying and seeking consent from a student's parent or guardian, or from the student
if the student is 18 years old or older or emancipated, if a law enforcement agent requests
access to a student for immigration enforcement purposes, unless access is in compliance
with a judicial warrant or subpoena that restricts the disclosure of the information to the
student's parent or guardian.
new text end
new text begin
Subd. 5.
new text end
new text begin
Information to students.
new text end
new text begin
(a) During student registration, a postsecondary
institution must provide each student with information regarding:
new text end
new text begin
(1) a student's constitutional rights with regard to civil immigration enforcement;
new text end
new text begin
(2) recommended best practices for student safety when interacting with a federal
immigration officer; and
new text end
new text begin
(3) the requirements imposed on the postsecondary institution by this section.
new text end
new text begin
A copy of this information also shall be posted at appropriate locations on campus at all
times.
new text end
new text begin
(b) The commissioner of the Office of Higher Education, in consultation with the attorney
general, must develop standardized language that a postsecondary institution may use to
meet the requirements of paragraph (a).
new text end
new text begin
Subd. 6.
new text end
new text begin
Liability limitation.
new text end
new text begin
A postsecondary institution employee, acting in good
faith, is not liable in a criminal, civil, or administrative proceeding for the employee's
compliance with this section. Nothing in this section affects any right or defense available
under other law.
new text end
new text begin
EFFECTIVE DATE.
new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 4
CHILD CARE CENTERS
Section 1.
new text begin
[142B.665] CHILD CARE CENTER ACCESS.
new text end
new text begin
Subdivision 1.
new text end
new text begin
Definitions.
new text end
new text begin
(a) The following terms have the meanings given for the
purposes of this section.
new text end
new text begin
(b) "Child care center" means:
new text end
new text begin
(1) a child care center licensed under chapter 142B and Minnesota Rules, chapter 9503;
and
new text end
new text begin
(2) a certified license-exempt child care center authorized under chapter 142C.
new text end
new text begin
(c) "Employee" means the license holder, authorized agent, controlling individual,
director, staff persons, substitutes, and unsupervised volunteers of a licensed child care
center or a certified license-exempt child care center.
new text end
new text begin
(d) "Judicial warrant" means a written order from a state court or federal Article III court
that authorizes a law enforcement agency or another person specifically named in the order
to arrest a person.
new text end
new text begin
(e) "Law enforcement agency" means any local, state, or federal entity with statutory
police powers and the ability to employ individuals authorized to make arrests.
new text end
new text begin
(f) "Law enforcement agent" means a person employed by a law enforcement agency
who is authorized to make a civil arrest.
new text end
new text begin
Subd. 2.
new text end
new text begin
Limits on access by officials engaged in immigration enforcement.
new text end
new text begin
(a) An
employee of a child care center must not consent to a law enforcement agent entering a
child care center for the purposes of civil immigration enforcement unless the official
provides the employee with a valid judicial warrant and valid identification.
new text end
new text begin
(b) If a law enforcement agent engaged in civil immigration enforcement enters a child
care center, an on-duty employee must immediately notify the child care center license
holder or authorized agent.
new text end
new text begin
(c) This section does not prohibit entry to a child care center by a law enforcement agent
administering a state or federally supported child care program.
new text end
new text begin
EFFECTIVE DATE.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2.
new text begin
[142B.667] CHILD CARE PROGRAMS; POLICIES REGARDING CIVIL
IMMIGRATION ENFORCEMENT.
new text end
new text begin
Subdivision 1.
new text end
new text begin
Definitions.
new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Child care program" means a child care center licensed under chapter 142B and
Minnesota Rules, chapter 9503, or a certified license-exempt child care center licensed
under chapter 142C.
new text end
new text begin
(c) "Employee" has the meaning given in section 142B.665, subdivision 1.
new text end
new text begin
(d) "Law enforcement agent" has the meaning given in section 142B.665, subdivision
1.
new text end
new text begin
Subd. 2.
new text end
new text begin
Policies on law enforcement agent present at child care program.
new text end
new text begin
(a) By
December 31, 2026, a child care program must develop and implement policies regarding
interactions between child care program employees and law enforcement agents present at
the child care program and involved in civil immigration activities. The policies must be
consistent with section 142B.665 and must include:
new text end
new text begin
(1) procedures for notifying and seeking written consent from a child's parents or legal
guardian if a law enforcement agent requests access to personally identifiable information
from the child's records, unless such access is compliant with a judicial warrant or order or
a subpoena that restricts the disclosure of the information to the child's parents or guardian;
new text end
new text begin
(2) procedures to verify the identity and authority of any law enforcement agent present
at the child care program, including but not limited to requesting and documenting the first
and last name of the law enforcement agent, the name of the law enforcement agency, and
the badge number of the law enforcement agent;
new text end
new text begin
(3) procedures for notifying parents or guardians and the commissioner of children,
youth, and families if an immigration enforcement action occurs at the child care program
or its surrounding premises; and
new text end
new text begin
(4) a written plan of action for interacting with law enforcement agents at the child care
program that must be shared with a child's parent or legal guardian. The plan must include:
new text end
new text begin
(i) a designation of spaces deemed to be private within the child care program's facility;
new text end
new text begin
(ii) a designation of the child care program's director or the center director's designee to
serve as the primary point of contact for interacting with law enforcement agents; and
new text end
new text begin
(iii) procedures that a child care program's primary point of contact must follow to review
and respond to any request for entry to the child care program by law enforcement, including
judicial warrants, orders, and subpoenas.
new text end
new text begin
(b) The child care program must ensure that all employees are trained on the policies
under this subdivision.
new text end
new text begin
Subd. 3.
new text end
new text begin
Disclosing immigration information.
new text end
new text begin
A child care program must not disclose
or threaten to disclose to any other person, entity, or agency information regarding or relating
to the actual or perceived citizenship or immigration status of a child or an associated person,
unless disclosure is required by state or federal law.
new text end
new text begin
EFFECTIVE DATE.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
new text begin
[142B.668] LIABILITY LIMITATION.
new text end
new text begin
Subdivision 1.
new text end
new text begin
Definition.
new text end
new text begin
For purposes of this section, "employee" has the meaning
given in section 142B.655, subdivision 1.
new text end
new text begin
Subd. 2.
new text end
new text begin
Liability limitation.
new text end
new text begin
An employee, acting in good faith, is not liable in a
criminal, civil, or administrative proceeding for the employee's compliance with sections
142B.665 and 142B.667.
new text end
new text begin
Subd. 3.
new text end
new text begin
Other rights and defenses.
new text end
new text begin
Nothing in section 142B.655 or 142B.667 affects
any right or defense available under other law.
new text end
ARTICLE 5
CIVIL ACTIONS
Section 1.
new text begin
[604.51] CIVIL CAUSE OF ACTION FOR VIOLATIONS OF THE STATE
AND FEDERAL CONSTITUTIONS.
new text end
new text begin
Subdivision 1.
new text end
new text begin
Minnesota Constitution.
new text end
new text begin
Any person who, under color of any statute,
ordinance, regulation, custom, or usage of this state, or any other state or territory or the
District of Columbia, subjects or causes to be subjected any citizen of this state or other
person within the jurisdiction of this state to the deprivation of any rights, privileges, or
immunities secured by the Minnesota Constitution shall be liable to the party injured in an
action at law, suit in equity, or other proper proceedings for redress.
new text end
new text begin
Subd. 2.
new text end
new text begin
Federal constitution.
new text end
new text begin
Any person who, under color of any statute, ordinance,
regulation, custom, or usage of the United States, this state, or of any other state or territory
or the District of Columbia, subjects or causes to be subjected any citizen of this state or
other person within the jurisdiction of this state to the deprivation of any rights, privileges,
or immunities secured by the United States Constitution shall be liable to the party injured
in an action at law, suit in equity, or other proper proceedings for redress.
new text end
new text begin
Subd. 3.
new text end
new text begin
Damages.
new text end
new text begin
In addition to any damages, injunctive relief, or other appropriate
relief, in an action or proceeding brought under this section, the court may award to a
prevailing plaintiff reasonable attorney fees and costs.
new text end
new text begin
Subd. 4.
new text end
new text begin
Statute of limitations.
new text end
new text begin
An action under this section may not be commenced
later than three years after the cause of action accrues.
new text end
new text begin
Subd. 5.
new text end
new text begin
Punitive damages.
new text end
new text begin
In an action brought under this section based on a cause of
action that accrued before the effective date of this section, the plaintiff is not entitled to an
award of punitive damages under section 549.20.
new text end
new text begin
EFFECTIVE DATE.
new text end
new text begin
This section is effective the day following final enactment and
applies to causes of action accruing on or after December 1, 2025.
new text end
Sec. 2.
Minnesota Statutes 2024, section 609.662, is amended by adding a subdivision to
read:
new text begin
Subd. 6.
new text end
new text begin
Civil action.
new text end
new text begin
A person who is injured by a violation of this section may bring
a civil action for recovery of damages, together with costs and disbursements, including
reasonable attorney fees. In addition to proving that the defendant failed to investigate and
render assistance as required under this section, the plaintiff must prove by a preponderance
of the evidence that the defendant could have investigated and rendered assistance as required
under this section without significant risk of bodily harm to the defendant or others.
new text end
new text begin
EFFECTIVE DATE.
new text end
new text begin
This section is effective the day following final enactment and
applies to causes of action accruing on or after December 1, 2025.
new text end
ARTICLE 6
MISCELLANEOUS PROVISIONS
Section 1.
Minnesota Statutes 2024, section 299C.80, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) As used in this section, the following terms have the
meanings provided.
new text begin
(b) "Federal agent" means an officer or employee of the Federal Bureau of Investigation,
the Drug Enforcement Administration, the United States Marshal Service, the Secret Service,
the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Department of Homeland
Security, or the United States Postal Inspection Service, or their successor agencies.
new text end
deleted text begin
(b)
deleted text end
new text begin
(c)
new text end
"Law enforcement agency" has the meaning given in section
626.84, subdivision
1
, paragraph (f).
deleted text begin
(c)
deleted text end
new text begin
(d)
new text end
"Officer-involved death" means the death of another that results from a
new text begin
federal
agent or a
new text end
peace officer's use of force while the
new text begin
agent or
new text end
officer is on duty or off duty but
performing activities that are within the scope of the
new text begin
agent or
new text end
officer's law enforcement
duties.
deleted text begin
(d)
deleted text end
new text begin
(e)
new text end
"Peace officer" has the meaning given in section
626.84, subdivision 1
, paragraph
(c).
deleted text begin
(e)
deleted text end
new text begin
(f)
new text end
"Superintendent" means the superintendent of the Bureau of Criminal
Apprehension.
deleted text begin
(f)
deleted text end
new text begin
(g)
new text end
"Unit" means the independent Use of Force Investigations Unit.
new text begin
EFFECTIVE DATE.
new text end
new text begin
This section is effective the day following final enactment and
applies retroactively to officer-involved deaths that occurred on or after December 1, 2025.
new text end
Sec. 2.
Minnesota Statutes 2024, section 609.735, is amended to read:
609.735 CONCEALING IDENTITY.
new text begin
(a)
new text end
A person whose identity is concealed by the person in a public place by means of a
robe, mask, or other disguise, unless based on religious beliefs, or incidental to amusement,
entertainment, protection from weather,
new text begin
protection from smoke, gas, or other airborne toxin,
new text end
or medical treatment, is guilty of a misdemeanor.
new text begin
(b) This section does not apply to a peace officer, as defined in section 626.84, subdivision
1, paragraph (c), or a federal law enforcement officer, as defined in section 626.77,
subdivision 3, while performing official duties as:
new text end
new text begin
(1) an undercover officer and concealment of the officer's identity is necessary to preserve
the integrity of the investigation or the officer's safety; or
new text end
new text begin
(2) a member of a tactical response team when a face mask will substantially reduce a
known risk of serious permanent disfigurement to the officer's face.
new text end
new text begin
(c) For the purposes of this section:
new text end
new text begin
(1) "undercover officer" means a peace officer or federal law enforcement officer who,
for the purpose of conducting a criminal investigation, acts under an assumed name or cover
identity that intentionally conceals the officer's law enforcement status. Undercover officer
does not include a plain clothes officer; and
new text end
new text begin
(2) "plain clothes officer" means a peace officer or federal law enforcement officer who
is not in uniform but is not conducting a criminal investigation and does not use an assumed
name or cover identity to conceal the officer's law enforcement status.
new text end