Back to Minnesota

SF4176 • 2026

Various immigration policy provisions and appropriation

Various immigration policy provisions and appropriation

Budget
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Fateh, Maye Quade, Hoffman, Boldon, Pha
Last action
2026-03-18
Official status
Comm report: To pass as amended and re-refer to Judiciary and Public Safety
Effective date
Not listed

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Bill History

  1. 2026-03-18 House

    Comm report: To pass as amended and re-refer to Judiciary and Public Safety

  2. 2026-03-09 House

    Author added Pha

  3. 2026-03-05 House

    Introduction and first reading

Official Summary Text

Various immigration policy provisions and appropriation

Current Bill Text

Read the full stored bill text
A bill for an act

relating to immigration; limiting state and local government participation in federal

civil immigration enforcement efforts; restricting where certain arrests can be

made; creating a cause of action for certain violations of constitutional rights;

requiring hospitals to establish and implement policies for interactions with law

enforcement agents; providing for enforcement; providing immunity for certain

acts; prohibiting denial of an education based on immigration status; providing a

civil cause of action when right to education is denied based on immigration status;

classifying data; requiring reports; appropriating money; amending Minnesota

Statutes 2025 Supplement, section 13.32, subdivision 5; proposing coding for new

law in Minnesota Statutes, chapters 13; 120A; 135A; 144; 604; 629; repealing

Minnesota Statutes 2024, sections 631.50; 631.51.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

LIMITATIONS ON CIVIL IMMIGRATION ENFORCEMENT

Section 1.

new text begin

[629.80] CIVIL IMMIGRATION ENFORCEMENT; ACTIVITIES

PROHIBITED; POLICIES REQUIRED.

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 sections 629.80 to 629.82, the following

terms have the meanings given.

new text end

new text begin

(b) "Civil immigration enforcement" means all efforts to: (1) investigate, detect,

apprehend, or detain an individual with the purpose of enforcing or executing federal

immigration statutes relating to removal, exclusion, or deportation proceedings; deportation

or removal orders; or removal from the United States; or (2) assist in the investigation of,

or civil arrest of, any persons for the purposes of enforcing federal civil immigration law,

including but not limited to violations of United States Code, title 8, sections 1182 and

1227. Civil immigration enforcement does not apply to efforts to assist individuals in

applying for immigration benefits or efforts to prevent deportation or removal from the

United States. Civil immigration enforcement does not include the enforcement of criminal

law.

new text end

new text begin

(c) "Civil immigration warrant" means a document that is not approved or ordered by a

judge that can form the basis for an individual's arrest or detention for a civil immigration

enforcement purpose. Civil immigration warrant includes Form I-200 Warrant for the Arrest

of Alien, Form I-203 Order to Detain or Release Alien, Form I-205 Warrant of

Removal/Deportation, Form I-286 Notice of Custody Determination, any predecessor or

successor form, and all warrants, hits, or requests contained in the Immigration Violator

File of the FBI's National Crime Information Center database.

new text end

new text begin

(d) "Federal immigration authority" means an officer, employee, personnel, or agent of

a federal agency that is charged with civil immigration enforcement, including but not

limited to the United States Immigration and Customs Enforcement and the United States

Customs and Border Protection.

new text end

new text begin

(e) "Government personnel" means a person employed by a government unit.

new text end

new text begin

(f) "Government unit" means a state department, agency, commission, council, board,

task force, or committee; a constitutional office; a court entity; the Minnesota State Colleges

and Universities; a county, statutory or home rule charter city, or town; a school district; a

special district; or any other board, commission, district, or authority created under law,

local ordinance, or charter provision.

new text end

new text begin

(g) "Judicial warrant" means a warrant based upon probable cause issued by a state or

federal judge or federal magistrate judge.

new text end

new text begin

(h) "Public safety agency" means:

new text end

new text begin

(1) a law enforcement agency as defined in section 626.84, subdivision 1, paragraph (f);

new text end

new text begin

(2) a correctional facility as defined in section 241.021, subdivision 1i, including a

juvenile facility licensed by the commissioner of human services and subject to section

241.021, subdivision 2;

new text end

new text begin

(3) an agency providing probation services under section 244.19, subdivision 3; and

new text end

new text begin

(4) a public or private entity providing security services to an entity that is controlled

by the state of Minnesota, including but not limited to public schools, public universities,

health care facilities, drug rehabilitation facilities, and hospitals.

new text end

new text begin

(i) "Public safety personnel" means a person employed by a public safety agency.

new text end

new text begin

Subd. 2.

new text end

new text begin

Purpose.

new text end

new text begin

(a) The purpose of this section is to direct the state of Minnesota's

limited resources to matters of greatest concern to state and local government and to protect

the safety, well-being, and privacy rights of the people of Minnesota.

new text end

new text begin

(b) The legislature recognizes that the enforcement of federal civil immigration laws is

the exclusive purview of the federal government and that the state should not play a role in

the enforcement of the federal policies, including but not limited to the use of state, county,

and local resources in the detention of individuals not held for criminal or state purposes.

new text end

new text begin

(c) The legislature finds that the resources of the state are better spent on promoting

public safety, trust in state government and its institutions, and the privacy of its residents.

Trust in state government is central to the public safety and well-being of the people of

Minnesota. Public safety and well-being are eroded when state and local government agencies

participate in federal civil immigration enforcement efforts, as these actions cause immigrant

community members to fear approaching law enforcement to report crimes and deter

community members from accessing basic services, including but not limited to health care

and public education.

new text end

new text begin

(d) Nothing in this section is intended to hinder, obstruct, or prevent cooperation between

the state and the federal government for purposes of detection, investigation, or enforcement

of criminal activity.

new text end

new text begin

Subd. 3.

new text end

new text begin

Government restrictions.

new text end

new text begin

(a) A government unit and government personnel

must not:

new text end

new text begin

(1) apply for money from the State Criminal Alien Assistance Program, or any program

that requires increased information sharing for civil immigration enforcement purposes or

that requires any type of immigration enforcement action by government personnel; or

new text end

new text begin

(2) enter into, amend provisions of, or renew any contract, intergovernmental service

agreement, or other agreement to house or detain individuals for civil immigration

enforcement purposes.

new text end

new text begin

(b) A government unit and the unit's personnel must:

new text end

new text begin

(1) by September 1, 2026, terminate any contract, agreement, or intergovernmental

service agreement that authorizes a government unit, government personnel, a public safety

agency, or public safety personnel to house or detain any person for civil immigration

enforcement purposes;

new text end

new text begin

(2) by September 1, 2026, terminate any provision of an existing contract, agreement,

or intergovernmental service agreement that applies to the housing or detention of any

person for civil immigration enforcement purposes; and

new text end

new text begin

(3) create written policies to ensure that:

new text end

new text begin

(i) government personnel comply with the obligations in this section; and

new text end

new text begin

(ii) access to any state or local programs or benefits are not unduly restricted based on

immigration or citizenship status unless required by federal or state law.

new text end

new text begin

Subd. 4.

new text end

new text begin

Public safety agency restrictions.

new text end

new text begin

(a) A public safety agency and public safety

personnel must not:

new text end

new text begin

(1) comply with a detainer, hold, notification, civil immigration warrant, or transfer

request from federal immigration authorities;

new text end

new text begin

(2) make, assist in, or participate in any civil immigration enforcement operations,

including but not limited to conducting an arrest or detention of any individual for the

purpose of enforcing civil immigration law, or the establishment of traffic perimeters or

road checkpoints for federal immigration authorities. This paragraph does not apply to any

support provided by a public safety agency to an individual or family impacted by federal

immigration enforcement, even if the support occurs concurrently with the federal

immigration enforcement action;

new text end

new text begin

(3) apply for or receive federal money, or participate in a program or effort, with the

purpose of using government personnel to assist or otherwise participate in civil immigration

enforcement activities, whether pursuant to United States Code, title 8, section 1357(g), or

any other formal or informal law, regulation, policy, or request;

new text end

new text begin

(4) investigate, arrest, stop, or detain a person on the basis of a suspected civil

immigration violation, including but not limited to inquiries into a person's citizenship,

immigration status, or birthplace;

new text end

new text begin

(5) request or use federal immigration authorities for language assistance, translation,

or interpretation during an encounter with public safety or government unit personnel as

the result of but not limited to a traffic stop, an investigation or investigatory stop, a 911

call, an arrest, or any legal proceeding;

new text end

new text begin

(6) provide facilities, personnel, assistance, or other access other than that provided to

the general public to federal immigration authorities to investigate, interview, or question

for the purpose of civil immigration enforcement a person who is detained or otherwise in

the care of a public safety agency;

new text end

new text begin

(7) provide access to a database or data that a public safety agency or public safety

personnel has access to, whether or not owned or controlled by a governmental unit, to

federal immigration authorities if the data will be used for purposes of civil immigration

enforcement without a judicial warrant, unless otherwise required by federal law;

new text end

new text begin

(8) transfer care or control of a person in the custody of a public safety agency to federal

immigration authorities for the purpose of civil immigration enforcement without a judicial

warrant;

new text end

new text begin

(9) notwithstanding the provisions of chapter 13 and unless an individual is being detained

for a removable offense under federal immigration law, notify or provide information to

federal immigration authorities of an individual's pending release from a public safety

agency's control, court dates, or any information about an individual. This information

includes but is not limited to address information, vehicle registry information, or other data

collected by a government unit, unless required by a judicial warrant or federal law. This

restriction does not apply to a request to complete Form I-918 Supplement B, U

Nonimmigrant Status Certification; Form I-914 Supplement B, Declaration of Law

Enforcement Officer for Victim of Trafficking in Persons; Form I-854, Inter-Agency Alien

Witness and Informant Record; or other request for documentation from a noncitizen victim

of a crime;

new text end

new text begin

(10) deny access to a program or benefit relating to work release, including but not

limited to the challenge incarceration program under section 244.17 or any other program

that provides release from detention, because of the existence of a detainer, civil immigration

warrant, or other notifications from federal immigration authorities; or

new text end

new text begin

(11) participate in, or provide access or assistance to, a federal immigration authority to

conduct civil immigration enforcement activities at state courthouses, hospitals, health care

clinics, churches or other places of worship, or schools without a judicial warrant.

new text end

new text begin

(b) A public safety agency must:

new text end

new text begin

(1) create or amend written policies that reflect the policies in this section;

new text end

new text begin

(2) create a written record of data requests from federal immigration authorities, regardless

of whether data or information was shared, and, if data or information was shared with

federal immigration authorities, information as to the justification used must also be recorded;

new text end

new text begin

(3) create policies in coordination with government units to ensure that all state and local

government offices, public schools, hospitals, and courthouses remain safe and accessible

to all Minnesota residents, regardless of immigration or citizenship status; and

new text end

new text begin

(4) ensure compliance with all treaty obligations, including consular notification, and

state and federal laws by explaining in writing to any individual committed into the custody

of or detained by the public safety agency, with interpretation into another language if

requested:

new text end

new text begin

(i) the individual's right to refuse to disclose the individual's nationality, citizenship,

country of birth, or immigration status; and

new text end

new text begin

(ii) that disclosure of the individual's nationality, citizenship, country of birth, or

immigration status may result in civil or criminal immigration enforcement, including

removal from the United States.

new text end

Sec. 2.

new text begin

[629.81] ENFORCEMENT ACTIONS.

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, "injury" means a grievance or

damage arising from being subject to civil immigration enforcement after a violation of

section 629.80 or any other harm suffered as a result of a violation of section 629.80.

new text end

new text begin

Subd. 2.

new text end

new text begin

Persons authorized to bring a civil action.

new text end

new text begin

The following persons may seek

relief for a violation of section 629.80 by bringing an action in district court:

new text end

new text begin

(1) an agency or instrumentality of the state;

new text end

new text begin

(2) a political subdivision of the state or an agency or instrumentality of a political

subdivision of the state;

new text end

new text begin

(3) an individual who has suffered injury due to a violation, or that individual's family

member or domestic partner; and

new text end

new text begin

(4) an organization or other entity in the state that, as a primary part of its mission, assists,

represents, advocates for, or otherwise serves Minnesota residents who are not United States

citizens.

new text end

new text begin

Subd. 3.

new text end

new text begin

Defendants.

new text end

new text begin

The party bringing the enforcement action may sue any individual

or entity that has violated section 629.80, including but not limited to the certification

provisions in section 629.80, subdivision 3.

new text end

new text begin

Subd. 4.

new text end

new text begin

Relief.

new text end

new text begin

(a) The court may award the following forms of relief to all enforcing

parties:

new text end

new text begin

(1) preliminary and equitable relief, including injunctive relief, as the court determines

necessary in order to correct or prevent further violations; and

new text end

new text begin

(2) reasonable attorney fees and costs.

new text end

new text begin

(b) In addition, the court may award the following relief to the parties identified in

subdivision 2, clause (3):

new text end

new text begin

(1) actual damages, or statutory damages of $1,000 per violation, whichever is greater;

and

new text end

new text begin

(2) punitive damages upon proof of knowing or reckless disregard of the law.

new text end

new text begin

Subd. 5.

new text end

new text begin

Nonrestriction of other rights.

new text end

new text begin

Nothing in this section restricts the right of a

person or class of persons to seek enforcement of section 629.80 under any other statute or

common law or to seek any other form of relief available at law or equity.

new text end

new text begin

EFFECTIVE DATE.

new text end

new text begin

(a) Except as provided in paragraph (b), this section is effective

August 1, 2026, and applies to causes of action accruing on or after that date.

new text end

new text begin

(b) Subdivision 4, paragraph (b), is effective one year following the date of final

enactment of Minnesota Statutes, section 629.80, or on the date a written policy is

implemented in compliance with Minnesota Statutes, section 629.80, subdivision 3, paragraph

(b), clause (3), and subdivision 4, paragraph (b), clause (1), whichever occurs first.

new text end

Sec. 3.
new text begin
REPEALER.
new text end

new text begin

Minnesota Statutes 2024, sections 631.50; and 631.51,

new text end

new text begin

are repealed.

new text end

ARTICLE 2

PROTECT OUR COURTS ACT

Section 1.

new text begin

[629.311] CIVIL ARREST; CERTAIN LOCATIONS.

new text end

new text begin

Subdivision 1.

new text end

new text begin

Title.

new text end

new text begin

This section shall be known as the "Protect Our Courts Act."

new text end

new text begin

Subd. 2.

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) "Civil arrest" means an arrest that is not:

new text end

new text begin

(1) for the sole or primary purpose of preparing the person subject to arrest for criminal

prosecution for an alleged violation of the criminal law of:

new text end

new text begin

(i) this state, or another state, when a sentence of a term of imprisonment is authorized

by law; or

new text end

new text begin

(ii) the United States, when a sentence of a term of imprisonment is authorized by law

and when federal law requires an initial appearance before a federal judge, federal magistrate,

or other judicial officer pursuant to the Federal Rules of Criminal Procedure that govern

initial appearances; or

new text end

new text begin

(2) for contempt of the court in which the court proceeding is taking place or will be

taking place.

new text end

new text begin

(c) "Court proceeding" means any appearance in a court of this state before a judge,

justice, or referee of this state ordered or scheduled by the judge, justice, or referee, or the

filing of papers designed to initiate an appearance before a judge, justice, or referee of this

state.

new text end

new text begin

(d) "Family or household member" has the meaning given in section 518B.01, subdivision

1, paragraph (b).

new text end

new text begin

(e) "Judicial warrant" or "judicial order authorizing civil arrest" means an arrest warrant

or other judicial order, issued by a judicial officer sitting in the judicial branch of a local or

state government or of the federal government, authorizing a civil arrest and issued by the

court in which proceedings following such arrest will be heard and determined.

new text end

new text begin

Subd. 3.

new text end

new text begin

Privilege from arrest.

new text end

new text begin

A person duly and in good faith attending a court

proceeding in which the person is a party or potential witness, or in which a family or

household member is a party or potential witness, is privileged from civil arrest while going

to, remaining at, and returning from the place of a court proceeding, unless civil arrest is

supported by a judicial warrant or judicial order authorizing civil arrest.

new text end

new text begin

Subd. 4.

new text end

new text begin

Violations.

new text end

new text begin

It is a contempt of the court and false imprisonment for any person

to willfully violate subdivision 3 or an order of the court by executing an arrest prohibited

by subdivision 3 or willfully assisting an arrest prohibited by subdivision 3. Nothing in this

subdivision affects any right or defense of any person, police officer, peace officer, public

officer, or any Minnesota judicial branch personnel acting lawfully pursuant to their duty

to maintain safety and order in the courts.

new text end

new text begin

Subd. 5.

new text end

new text begin

Civil action.

new text end

new text begin

Regardless of whether a proceeding for contempt of the court

pursuant to subdivision 4 has been initiated:

new text end

new text begin

(1) a person described in subdivision 3 may bring a civil action for appropriate equitable

and declaratory relief if the person has reasonable cause to believe a violation of this section

has occurred or may occur; and

new text end

new text begin

(2) the attorney general may bring a civil action in the name of the people of Minnesota

to obtain appropriate equitable and declaratory relief if the attorney general has reasonable

cause to believe that a violation of this section has occurred or may occur.

new text end

new text begin

Subd. 6.

new text end

new text begin

Attorney fees.

new text end

new text begin

In any successful action under subdivision 5, a plaintiff or

petitioner may recover costs and reasonable attorney fees.

new text end

new text begin

Subd. 7.

new text end

new text begin

Preservation of rights and privileges.

new text end

new text begin

This section must not 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.

new text end

new text begin

Subd. 8.

new text end

new text begin

Immunity from suit.

new text end

new text begin

No action or proceeding may be commenced under this

section against the Minnesota judicial branch or any Minnesota judicial branch personnel

acting lawfully pursuant to their duty to maintain safety and order in the courts.

new text end

new text begin

Subd. 9.

new text end

new text begin

Certain powers of the courts regarding civil arrests.

new text end

new text begin

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 has the power

to issue appropriate judicial orders to protect the privilege from civil arrest.

new text end

new text begin

Subd. 10.

new text end

new text begin

Report.

new text end

new text begin

The state court administrator must publish on the Minnesota judicial

branch website and provide to the governor, the speaker of the house, and the majority

leader of the senate an annual report compiling statistics, aggregated by county, setting forth

the date each judicial warrant or judicial order was signed, the judge and court that issued

the judicial warrant or judicial order and the location of that court as shown by the document,

the date the judicial warrant or judicial order was presented to counsel, a description of the

type of judicial warrant or judicial order, and, to the extent known to court personnel, whether

or not an arrest occurred with respect to the warrant and the date and specific location of

the arrest.

new text end

new text begin

Subd. 11.

new text end

new text begin

Severability clause.

new text end

new text begin

If any clause, sentence, paragraph, subdivision, or part

of this section is adjudged by any court of competent jurisdiction to be invalid, the judgment

does not affect, impair, or invalidate the remainder of this section but must be confined in

its operation to the clause, sentence, paragraph, subdivision, or part of this section directly

involved in the controversy in which the judgment was rendered. It is the intent of the

legislature that this section would have been enacted even without the invalid provisions.

new text end

new text begin

EFFECTIVE DATE.

new text end

new text begin

This section is effective August 1, 2026, and applies to causes

of action accruing on or after that date.

new text end

ARTICLE 3

MINNESOTA BIVENS ACT

Section 1.

new text begin

[604.51] ACTION FOR VIOLATION OF CIVIL RIGHTS.

new text end

new text begin

(a) Any person who, under color of any statute, ordinance, regulation, custom, or usage

of the United States or of any 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 thereof to the

deprivation of any rights, privileges, or immunities secured by the United States Constitution

or 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

(b) In addition to any damages, injunction, or other appropriate relief in any action or

proceedings under this section, the court shall award a prevailing plaintiff reasonable attorney

fees and costs.

new text end

new text begin

(c) An action under this section may not be commenced later than six years after the

cause of action accrues.

new text end

new text begin

EFFECTIVE DATE.

new text end

new text begin

This section is effective August 1, 2026, and applies to causes

of action accruing on or after that date.

new text end

ARTICLE 4

MINNESOTA HEALTH CARE SANCTITY AND PRIVACY ACT

Section 1.

new text begin

[144.6575] DEFINITIONS.

new text end

new text begin

Subdivision 1.

new text end

new text begin

Definitions.

new text end

new text begin

For purposes of sections 144.6575 to 144.6578, the following

terms have the meanings given.

new text end

new text begin

Subd. 2.

new text end

new text begin

Commissioner.

new text end

new text begin

"Commissioner" means the commissioner of health.

new text end

new text begin

Subd. 3.

new text end

new text begin

Health care facility.

new text end

new text begin

"Health care facility" means:

new text end

new text begin

(1) a hospital licensed under sections 144.50 to 144.56;

new text end

new text begin

(2) a medical facility as defined in section 144.561;

new text end

new text begin

(3) a physician's office or health care clinic where licensed practitioners provide health

care to patients;

new text end

new text begin

(4) a nonprofit community clinic, including a federally qualified health center, rural

health clinic, public health clinic, or other community clinic that provides health care;

new text end

new text begin

(5) a nursing home as defined in section 144A.01, subdivision 5; or

new text end

new text begin

(6) an assisted living facility as defined in section 144G.08, subdivision 7.

new text end

new text begin

Subd. 4.

new text end

new text begin

Law enforcement agency.

new text end

new text begin

"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

Subd. 5.

new text end

new text begin

Judicial warrant.

new text end

new text begin

"Judicial warrant" or "judicial order authorizing the arrest"

means a written order from a state court or federal Article III court that directs a law

enforcement agency or another person who is specifically named in the order to arrest a

person.

new text end

new text begin

Subd. 6.

new text end

new text begin

Law enforcement agent.

new text end

new text begin

"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. 7.

new text end

new text begin

Patient.

new text end

new text begin

"Patient" means a person who receives health care services at a health

care facility.

new text end

new text begin

Subd. 8.

new text end

new text begin

Resident.

new text end

new text begin

"Resident" means a person admitted to a nursing home or assisted

living facility.

new text end

Sec. 2.

new text begin

[144.6576] LIMITS ON ACCESS TO PREMISES BY LAW ENFORCEMENT

AGENTS ENGAGED IN CIVIL IMMIGRATION ENFORCEMENT.

new text end

new text begin

Subdivision 1.

new text end

new text begin

Limits on access to health care facility premises.

new text end

new text begin

A health care facility

must not consent to a law enforcement agent entering a health care facility site 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.

new text end

new text begin

Subd. 2.

new text end

new text begin

Notification required.

new text end

new text begin

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.

new text end

Sec. 3.

new text begin

[144.6577] HEALTH CARE FACILITIES; POLICIES REGARDING CIVIL

IMMIGRATION ENFORCEMENT ON PREMISES.

new text end

new text begin

Subdivision 1.

new text end

new text begin

Policies regarding law enforcement agent present at health care

facility.

new text end

new text begin

By ......., 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 include:

new text end

new text begin

(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;

new text end

new text begin

(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

new text end

new text begin

(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

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.

new text end

new text begin

Subd. 2.

new text end

new text begin

Policies regarding release of information to law enforcement agent.

new text end

new text begin

By

......., 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:

new text end

new text begin

(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 Health Insurance Portability and Accountability Act (HIPAA), if applicable;

and

new text end

new text begin

(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:

new text end

new text begin

(i) a valid subpoena issued by a federal judge or magistrate;

new text end

new text begin

(ii) a valid order issued by a federal judge or magistrate to require access to the health

care facility premises; or

new text end

new text begin

(iii) a valid warrant issued by a federal judge or magistrate.

new text end

new text begin

Subd. 3.

new text end

new text begin

Policies protecting patient and resident information.

new text end

new text begin

By ......., a health care

facility must develop procedures to ensure that patients and residents are provided with the

following documents:

new text end

new text begin

(1) if the health care facility is subject to 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

new text end

new text begin

(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.

new text end

new text begin

Subd. 4.

new text end

new text begin

Health care facility employee training.

new text end

new text begin

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.

new text end

new text begin

Subd. 5.

new text end

new text begin

Policy provided to commissioner.

new text end

new text begin

A health care facility must submit the

policies required in subdivisions 1 and 2 to the commissioner by ........ 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.

new text end

new text begin

Subd. 6.

new text end

new text begin

Investigation.

new text end

new text begin

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.

new text end

new text begin

Subd. 7.

new text end

new text begin

Posting immigration rights information on premises.

new text end

new text begin

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.

new text end

Sec. 4.

new text begin

[144.6578] LIABILITY LIMITATIONS; DEFENSES.

new text end

new text begin

(a) Nothing in sections 144.6575 to 144.6577 permits an action against a health care

facility employee acting lawfully when engaging in reasonable compliance with the

provisions of sections 144.6575 to 144.6577.

new text end

new text begin

(b) Nothing in sections 144.6575 to 144.6577 affects any right or defense of any health

care facility employee acting lawfully.

new text end

ARTICLE 5

MINNESOTA SAFE SCHOOL ACT

Section 1.

new text begin

[120A.50] DENIAL OF FREE PUBLIC EDUCATION PROHIBITED.

new text end

new text begin

Subdivision 1.

new text end

new text begin

Purpose.

new text end

new text begin

The purpose of this section is to secure the right of every child

to equal access to a free public education and a school that is safe from intimidation and

fear, consistent with the United States Supreme Court decision in
Plyler v. Doe
, 457 U.S.

202 (1982), which held that it is unconstitutional for a state to deny children a free public

education on the basis of immigration status. In order to promote the right to educational

equality, as established under the decision in
Plyler v. Doe
, schools must take steps to protect

the integrity of school learning environments for all children so that no parent is discouraged

from sending their child to school and no child is discouraged from attending school,

including protection from the threat of immigration enforcement or other law enforcement

activity on a school campus.

new text end

new text begin

Subd. 2.

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) "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.

new text end

new text begin

(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.

new text end

new text begin

(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.

new text end

new text begin

(e) "School" means a school district, charter school, or cooperative unit as defined in

section 123A.24, subdivision 2.

new text end

new text begin

Subd. 3.

new text end

new text begin

Right to free public education.

new text end

new text begin

(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.

new text end

new text begin

(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.

new text end

new text begin

(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:

new text end

new text begin

(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

new text end

new text begin

(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. 4.

new text end

new text begin

Required procedures.

new text end

new text begin

By July 1, 2027, a school must develop procedures for

reviewing and authorizing requests from law enforcement agents attempting to enter a school

or school facility. The procedures must comply with the requirements of subdivision 3,

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. 5.

new text end

new text begin

Required policy.

new text end

new text begin

By July 1, 2027, a school must adopt a policy for complying

with subdivisions 3 and 4.

new text end

ARTICLE 6

MINNESOTA HIGHER EDUCATION IMMIGRATION ENFORCEMENT

ACCOUNTABILITY ACT

Section 1.

new text begin

[135A.152] IMMIGRATION ENFORCEMENT POLICY AND

PRACTICES.

new text end

new text begin

Subdivision 1.

new text end

new text begin

Applicability.

new text end

new text begin

(a) This section applies to the following postsecondary

institutions:

new text end

new text begin

(1) institutions governed by the Board of Trustees of the Minnesota State Colleges and

Universities; and

new text end

new text begin

(2) private postsecondary institutions that offer in-person courses on a campus located

in Minnesota and which are eligible institutions as defined in section 136A.103, paragraph

(a), that are participating in the federal program under Title IV of the Higher Education Act

of 1965, Public Law 89-329, as amended.

new text end

new text begin

(b) Institutions governed by the Board of Regents of the University of Minnesota are

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

(a) For purposes of this section, the following terms have the

meanings given.

new text end

new text begin

(b) "Immigration enforcement activity" includes any arrests or detentions conducted by

agents or officers of the United States Department of Homeland Security, United States

Immigration and Customs Enforcement, or United States Customs and Border Protection

or any other individual or entity with the power to arrest or detain individuals or manage

custody of detained individuals for purposes of civil immigration enforcement.

new text end

new text begin

(c) "Law enforcement agent" means an agent of a federal, state, or local law enforcement

agency authorized with the power to arrest or detain individuals, or manage the custody of

detained individuals, for purposes of civil immigration enforcement. Law enforcement agent

does not include an agent of a postsecondary institution's police department or campus

security department.

new text end

new text begin

Subd. 3.

new text end

new text begin

Student data and information; application to private institutions.

new text end

new text begin

A private

postsecondary institution subject to this section must comply with section 13.375 as if it

were a government entity.

new text end

new text begin

Subd. 4.

new text end

new text begin

Required procedures.

new text end

new text begin

(a) A postsecondary institution must adopt procedures

for reviewing and authorizing requests from a law enforcement agent attempting to enter a

postsecondary institution's campus for purposes of civil immigration enforcement. The

procedures must, at a minimum, include the following:

new text end

new text begin

(1) procedures for reviewing and contacting a designated person, office, or department

at the postsecondary institution or postsecondary institution facility to review requests to

enter a postsecondary institution's campus, including judicial warrants or orders, nonjudicial

warrants, and subpoenas;

new text end

new text begin

(2) procedures for documenting the activity of a law enforcement agent on the

postsecondary institution's campus, including verification of the first and last name, employer

or agency, and badge number of the lead law enforcement agent; and

new text end

new text begin

(3) procedures for notifying and seeking consent from any employee or student if a law

enforcement agent requests access to a person, property, or information related to an

employee or student, unless notification and consent is prohibited by a judicial warrant or

subpoena.

new text end

new text begin

(b) A postsecondary institution must adopt procedures designed to:

new text end

new text begin

(1) determine if an immigration enforcement activity is occurring or has occurred on

the institution's campus; and

new text end

new text begin

(2) notify students and employees of any confirmed immigration enforcement activity

if that activity could adversely impact campus safety or operations.

new text end

new text begin

Subd. 5.

new text end

new text begin

Information posting.

new text end

new text begin

(a) A postsecondary institution must provide information

on its website about who employees and students should contact if a law enforcement agent

seeks to enter the postsecondary institution campus, enters the postsecondary institution

campus, or engages in nonconsensual interactions with members of the postsecondary

institution community, including employees or students.

new text end

new text begin

(b) A postsecondary institution shall provide immigration enforcement resources on its

website to help students and employees understand their constitutional rights and access

immigration-related guidance. This information shall be posted in a clear and easily accessible

location on the postsecondary institution's primary website.

new text end

new text begin

Subd. 6.

new text end

new text begin

Protection of rights.

new text end

new text begin

A postsecondary institution must not impede a student

or employee from or retaliate against a student or employee for offering, attending, or

participating in training on constitutional rights and immigration-related guidance, including,

but not limited to, attending know-your-rights training or sharing know-your-rights flyers.

new text end

new text begin

EFFECTIVE DATE.

new text end

new text begin

This section is effective August 1, 2026. By ......., a postsecondary

institution must adopt the procedures required under subdivision 4 and post all information

required under subdivision 5.

new text end

Sec. 2.
new text begin
REPORT ON REQUIRED PROCEDURES.
new text end

new text begin

A postsecondary institution must submit to the commissioner of the Office of Higher

Education a copy of the procedures developed to implement Minnesota Statutes, section

135A.152, subdivision 4. By ......., the commissioner must compile the submitted policies

and report them to the chairs and ranking minority members of the legislative committees

with primary jurisdiction over higher education policy and finance.

new text end

ARTICLE 7

IMMIGRATION DATA

Section 1.

new text begin

[13.035] WRITTEN CERTIFICATION; 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) "Civil immigration enforcement" has the meaning given in section 629.80, subdivision

1.

new text end

new text begin

(c) "Federal immigration authority" has the meaning given in section 629.80, subdivision

1.

new text end

new text begin

Subd. 2.

new text end

new text begin

Dissemination prohibited.

new text end

new text begin

Notwithstanding any other state law, unless required

by federal law, a judicial warrant, or other court order, a government entity must not

disseminate data on individuals, including data classified as public data on individuals, if

the data will be used for civil immigration enforcement.

new text end

new text begin

Subd. 3.

new text end

new text begin

Presumption.

new text end

new text begin

Unless a written certification is submitted pursuant to subdivision

4, data on individuals disseminated to a federal immigration authority are presumed to be

used for civil immigration enforcement.

new text end

new text begin

Subd. 4.

new text end

new text begin

Written certification required.

new text end

new text begin

A government entity must not disseminate

data, including data classified as public, to a person other than the subject of the data or a

government entity, unless the person submits a written certification that the data will not

be:

new text end

new text begin

(1) used for civil immigration enforcement; or

new text end

new text begin

(2) disseminated to a person for use in civil immigration enforcement.

new text end

new text begin

Subd. 5.

new text end

new text begin

Relationship to other federal law.

new text end

new text begin

Nothing in this section may be construed

to prohibit or restrict a government entity from sending to or receiving from the United

States Department of Homeland Security or any other government entity or federal 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

Sec. 2.

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
125A.08
, paragraph (b),

clause (1);
125A.023
; and
125A.027
.

(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.

new text begin

(g) An educational agency or institution may not designate a student's or parent's

immigration status data, as defined in section 13.375, as directory information under this

subdivision.

new text end

Sec. 3.

new text begin

[13.375] IMMIGRATION STATUS DATA.

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) "Immigration status data" means data on individuals that indicate or otherwise have

the effect of identifying that an individual is not, or is likely or suspected not to be, a citizen

or national of the United States.

new text end

new text begin

(c) "Judicial warrant" means a warrant based upon probable cause issued by a state or

federal judge or federal magistrate judge.

new text end

new text begin

Subd. 2.

new text end

new text begin

Classification; threats to disclose.

new text end

new text begin

(a) Immigration status data are classified

as private data on individuals.

new text end

new text begin

(b) A government entity must not threaten to unlawfully disclose immigration status

data.

new text end

new text begin

Subd. 3.

new text end

new text begin

Retention.

new text end

new text begin

Notwithstanding section 138.17, a government entity must destroy

immigration status data as soon as the purpose for collecting or creating the data is fulfilled

and as soon as permissible under state or federal law.

new text end

new text begin

Subd. 4.

new text end

new text begin

Relationship to other federal law.

new text end

new text begin

Nothing in this section may be construed

to 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

APPENDIX

Repealed Minnesota Statutes: S4176-1

631.50 ALIEN INMATES OR MENTALLY ILL PERSONS; NOTICE TO UNITED STATES IMMIGRATION OFFICERS.

When a person who is convicted of a felony or is found to be a person who is mentally ill is committed to the Minnesota Correctional Facility-Stillwater, the Minnesota Correctional Facility-St. Cloud, the county jail, or any other state or county institution which is supported, wholly or in part, by public funds, the chief executive officer, sheriff, or other officer in charge of the state or county institution shall at once inquire into the nationality of the person. If it appears that the person is an alien, the officer shall immediately notify the United States immigration officer in charge of the district in which the correctional facility, jail, or other institution is located of (1) the date of and the reasons for the alien commitment, (2) the length of time for which committed, (3) the country of which the alien is a citizen, and (4) the date on which and the port at which the alien last entered the United States.

631.51 CERTIFIED COPIES OF INDICTMENT OR COMPLAINT FURNISHED TO IMMIGRATION OFFICERS.

Upon the official request of a United States immigration officer to a court committing an alien after conviction of a felony, the court administrator of the committing court shall furnish the officer without charge a certified copy of the complaint or indictment, the judgment, sentence, and any other record pertaining to the case of the convicted alien if:

(1) the immigration officer is in charge of the district or territory in which the court is located; and

(2) the state or county institution is supported, in whole or in part, by public funds.