State and local government participation limitation in federal civil immigration enforcement efforts

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, sections 13.32, subdivision 5; 181.932, subdivision 1;

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.

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[629.80] CIVIL IMMIGRATION ENFORCEMENT; ACTIVITIES

PROHIBITED; POLICIES REQUIRED.

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Subdivision 1.

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Definitions.

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(a) For purposes of sections 629.80 to 629.82, the following

terms have the meanings given.

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(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.

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(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.

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(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.

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

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(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.

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

federal judge or federal magistrate judge.

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(h) "Public safety agency" means:

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

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(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;

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

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(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.

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

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Subd. 2.

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Purpose.

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(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.

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(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.

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(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.

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(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.

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Subd. 3.

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Government restrictions.

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(a) A government unit and government personnel

must not:

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(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

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(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.

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

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(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;

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(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

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(3) create written policies to ensure that:

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

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(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.

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Subd. 4.

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Public safety agency restrictions.

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(a) A public safety agency and public safety

personnel must not:

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

request from federal immigration authorities;

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(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;

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(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;

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(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;

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(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;

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(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;

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(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;

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(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;

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(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;

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(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

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(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.

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(b) A public safety agency must:

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

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(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;

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(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

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(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:

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

country of birth, or immigration status; and

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(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.

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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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[629.81] ENFORCEMENT ACTIONS.

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Subdivision 1.

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Entities that may enforce this section.

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The following individuals and

entities may seek relief for a violation of this section or section 629.80 by bringing an action

in state district court:

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(1) an agency or instrumentality of the state;

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

subdivision of the state;

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

member or domestic partner; and

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(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.

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Subd. 2.

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Definition.

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For purposes of this section, "injury" means a grievance or damage

arising from a violation of section 13.375, 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

this section or section 13.375 or 629.80.

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Subd. 3.

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Defendants.

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The party bringing the enforcement action may sue any person or

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

in section 629.80, subdivision 3.

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Subd. 4.

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Relief.

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The court may award the following forms of relief:

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(1) to all enforcing parties:

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(i) preliminary and equitable relief, including injunctions, as the court determines

necessary in order to correct or prevent further violations; and

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(ii) reasonable attorney fees and costs; and

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(2) to the parties identified in subdivision 1, clause (3):

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

and

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

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Subd. 5.

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Nonrestriction of other rights.

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Nothing in this section restricts the right of a

person or class of persons to seek enforcement of this section or section 13.375 or 629.80

under any other statute or common law or to seek any other form of relief available at law

or equity.

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EFFECTIVE DATE.

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Subdivision 4, clause (2), is effective one year after the date of

final enactment of Minnesota Statutes, sections 629.80 and 629.81, or the date on which a

written policy has been implemented in compliance with Minnesota Statutes, section 629.80,

subdivisions 3, paragraph (b), clause (4), and 4, paragraph (b), clause (1), whichever occurs

first.

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Sec. 3.
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REPEALER.
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Minnesota Statutes 2024, sections 631.50; and 631.51,

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are repealed.

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ARTICLE 2

PROTECT OUR COURTS ACT

Section 1.

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[629.311] CIVIL ARREST; CERTAIN LOCATIONS.

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Subdivision 1.

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Title.

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

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Subd. 2.

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

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(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:

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

by law; or

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(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

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

taking place.

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(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.

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

1, paragraph (b).

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(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.

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Subd. 3.

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Privilege from arrest.

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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.

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Subd. 4.

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Violations.

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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.

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Subd. 5.

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Civil action.

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Regardless of whether a proceeding for contempt of the court

pursuant to subdivision 4 has been initiated:

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(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

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(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.

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Subd. 6.

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Attorney fees.

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In any successful action under subdivision 5, a plaintiff or

petitioner may recover costs and reasonable attorney fees.

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Subd. 7.

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Preservation of rights and privileges.

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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.

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Subd. 8.

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Immunity from suit.

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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.

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Subd. 9.

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Certain powers of the courts regarding civil arrests.

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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 has the power

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

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Subd. 10.

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Court rules; report.

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(a) 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, the Minnesota judicial branch must promulgate

rules to ensure the following:

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(1) any representative of a law enforcement agency who, while acting in an official

capacity, enters a Minnesota state courthouse intending to observe an individual or take an

individual into custody must identify themselves to Minnesota judicial branch personnel

and state their specific law enforcement purpose and the proposed enforcement action to

be taken. Any representative who has a warrant or order concerning the intended arrest must

provide a copy of the warrant or order to court personnel;

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(2) any warrant or order concerning an intended enforcement action must be promptly

reviewed by a judge or court attorney;

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(3) information about any proposed enforcement action must be transmitted to and

reviewed by appropriate court system personnel, including the judge presiding over any

case involving the subject of that enforcement action;

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(4) except in extraordinary circumstances, no arrest may be made by a representative of

a law enforcement agency in a courtroom absent leave of the court;

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(5) a civil arrest must not be executed inside a Minnesota courthouse except pursuant

to a judicial warrant or judicial order authorizing the civil arrest;

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(6) an unusual occurrence report must be filed by court system personnel for every

enforcement action taken inside the courthouse, including the observation of court

proceedings by a representative of a law enforcement agency acting in the person's official

capacity; and

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(7) copies of all judicial warrants and judicial orders authorizing an arrest and provided

to court personnel and rules promulgated under this subdivision must be maintained by the

chief administrator in a central record repository, appropriately indexed or filed alphabetically

by name.

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(b) The chief 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.

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Subd. 11.

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Severability clause.

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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.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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ARTICLE 3

MINNESOTA BIVENS ACT

Section 1.

Minnesota Statutes 2025 Supplement, section 181.932, subdivision 1, is amended

to read:

Subdivision 1.

Prohibited action.

An employer shall not discharge, discipline, penalize,

interfere with, threaten, restrain, coerce, or otherwise retaliate or discriminate against an

employee regarding the employee's compensation, terms, conditions, location, or privileges

of employment because:

(1) the employee, or a person acting on behalf of an employee, in good faith, reports a

violation, suspected violation, or planned violation of any federal or state law or common

law or rule adopted pursuant to law to an employer or to any governmental body or law

enforcement official;

(2) the employee is requested by a public body or office to participate in an investigation,

hearing, inquiry;

(3) the employee refuses an employer's order to perform an action that the employee

has an objective basis in fact to believe violates any state or federal law or rule or regulation

adopted pursuant to law, and the employee informs the employer that the order is being

refused for that reason;

(4) the employee, in good faith, reports a situation in which the quality of health care

services provided by a health care facility, organization, or health care provider violates a

standard established by federal or state law or a professionally recognized national clinical

or ethical standard and potentially places the public at risk of harm;

(5) a public employee communicates the findings of a scientific or technical study that

the employee, in good faith, believes to be truthful and accurate, including reports to a

governmental body or law enforcement official;
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or
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(6) a state employee communicates information that the employee, in good faith, believes

to be truthful and accurate, and that relates to state programs, services, or financing, including

but not limited to fraud or misuse within state programs, services, or financing, to:

(i) a legislator or the legislative auditor;

(ii) a constitutional officer;

(iii) an employer;

(iv) any governmental body; or

(v) a law enforcement official
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.
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; or
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(7) an employee discloses or threatens to disclose in good faith any violation of section

604.50.

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The disclosures protected pursuant to this section do not authorize the disclosure of data

otherwise protected by law.

Sec. 2.

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[604.50] CONSTITUTIONAL RIGHTS VIOLATIONS; CIVIL

IMMIGRATION ENFORCEMENT.

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Subdivision 1.

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Title.

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This section shall be known as the "Minnesota Bivens Act."

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Subd. 2.

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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) "Civil immigration enforcement" includes actions taken related to the enforcement

of an immigration action, including but not limited to the enforcement of:

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(1) a warrant of arrest;

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(2) an order to detain or release aliens;

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(3) a notice of custody determination, notice to appear, or removal order;

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(4) a warrant of removal; or

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(5) any other document issued by the office of Immigration Customs Enforcement that

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

purpose.

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Civil immigration enforcement does not include any criminal warrants issued upon a judicial

determination of probable cause and in compliance with the requirements of the Fourth

Amendment to the United States Constitution and the Minnesota Constitution. Civil

immigration enforcement does not include an action committed by a law enforcement officer

or peace officer that is acting within the officer's powers and duties consistent with Minnesota

law.

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(c) "Crowd control equipment" includes, but is not limited to, kinetic impact projectiles;

compressed air launchers, such as PLS and FN303; oleoresin capsicum spray, CS gas, CN

gas, or other chemical irritants; 40 millimeter munitions launchers; less-lethal shotguns;

less-lethal specialty impact-chemical munitions; controlled noise and light distraction

devices; and electronic control weapons.

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(d) "Facial covering" means any opaque mask, garment, helmet, headgear, or other item

that conceals or obscures the facial identity of an individual, including, but not limited to,

a balaclava, tactical mask, gaiter mask, ski mask, or any similar type of facial covering or

face-shielding item. Facial covering does not include a medical grade mask designed to

prevent the transmission of diseases; a facial covering designed to protect against exposure

to smoke during a state of emergency related to wildfires; or protective gear used by Special

Weapons and Tactics (SWAT) team officers necessary to protect their faces from harm

while officers perform official SWAT responsibilities.

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Subd. 3.

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Deprivation of constitutional rights; liability.

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(a) Any individual may bring

a civil action against any person who, while conducting civil immigration enforcement or

related activities, including surveillance, knowingly and intentionally engages in conduct

that violates the Minnesota Constitution or the United States Constitution. An individual

bringing an action under this section is entitled to general and special damages, injunctive

relief, declaratory relief, and punitive damages as provided in section 549.20 and consistent

with paragraph (b).

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(b) If a plaintiff seeks punitive damages against a defendant who committed a violation

of this section and who claims that the defendant acted under color of federal law, Minnesota

law, or other state law, the following facts shall be factors in determining punitive damages

consistent with section 549.20:

new text end

new text begin

(1) whether the defendant wore a facial covering while committing the violation in order

to conceal their identity or to intimidate others;

new text end

new text begin

(2) whether, at the time of the violation, the defendant was a law enforcement officer

who failed to identify or disclose that the defendant was a law enforcement officer either

verbally or by wearing identifying insignia, such as a badge, agency logo, or patch, or by

providing the defendant's name, badge or identification number, and the defendant's

employing agency or department;

new text end

new text begin

(3) whether, at the time of the violation, the defendant was a law enforcement officer

who was required by state or federal law or regulation or agency policy to wear and use an

officer-worn body camera during the violation and failed to do so;

new text end

new text begin

(4) whether the defendant was operating or using a motor vehicle without a license plate,

with a non-Minnesota license plate, or with an illegally switched plate;

new text end

new text begin

(5) whether the defendant used crowd control equipment at the time of the violation; or

new text end

new text begin

(6) whether the defendant intentionally violated or failed to comply with any material

term or condition of a court order or consent decree that was issued by a court that was in

effect at the time of the violation of this act, that applied to the person acting under color

of federal law, and that was issued or entered into in part to address or prevent future

violations of this section.

new text end

new text begin

(c) Upon motion, a court shall award reasonable attorney fees and costs, including expert

witness fees and other litigation expenses, to a plaintiff who is a prevailing party in any

action brought under this section.

new text end

ARTICLE 4

MINNESOTA HEALTH CARE SANCTITY AND PRIVACY ACT

Section 1.

new text begin

[144.601] HEALTH CARE SANCTITY AND PRIVACY; HOSPITAL

POLICY.

new text end

new text begin

Subdivision 1.

new text end

new text begin

Short title.

new text end

new text begin

This section may be cited as the "Health Care Sanctity and

Privacy 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) "Administrative volunteer" means an individual who serves as a volunteer at a hospital

in an administrative capacity only.

new text end

new text begin

(c) "Commissioner" means the commissioner of health.

new text end

new text begin

(d) "Health record" has the meaning given in section 144.291, subdivision 2.

new text end

new text begin

(e) "Hospital" means a facility licensed as a hospital under sections 144.50 to 144.56.

new text end

new text begin

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

authorized to arrest or detain individuals, or manage the custody of detained individuals,

for civil immigration enforcement.

new text end

new text begin

(g) "Patient" means an individual who received or is receiving health care services at a

hospital on an inpatient or outpatient basis.

new text end

new text begin

(h) "Protected health information" has the meaning given in Code of Federal Regulations,

title 45, section 160.103.

new text end

new text begin

Subd. 3.

new text end

new text begin

Policy required.

new text end

new text begin

By December 1, 2026, each hospital must adopt and implement

a policy regarding interactions with law enforcement agents. A policy required under this

subdivision must include at least the following:

new text end

new text begin

(1) designation of a contact person or persons for the hospital who must be notified if

one or more law enforcement agents are present at the hospital or if a law enforcement agent

requests information from the hospital. The hospital's designated contact person or persons

must be the hospital's legal counsel, hospital administrator, or other individuals in the

hospital's leadership;

new text end

new text begin

(2) procedures for responding to requests for information from a law enforcement agent;

new text end

new text begin

(3) procedures for verifying the identity and authority of law enforcement agents involved

in civil immigration activities at the hospital, including but not limited to using best efforts

to request and document the first and last name of each law enforcement agent, the name

of the law enforcement agency with which each law enforcement agent is affiliated, and

the law enforcement agent's badge number for each law enforcement agent presenting with

a patient or requesting information about a patient;

new text end

new text begin

(4) procedures for designating space at the hospital for law enforcement agents to remain

and wait, considering interests of the public, staff safety, and patient needs, except that a

law enforcement agent may access areas of the hospital approved by a designated contact

person of the hospital so long as:

new text end

new text begin

(i) the law enforcement agent complies with hospital policies and with state and federal

law, including but not limited to having a valid judicial warrant or a court order signed by

a judge or magistrate authorizing the law enforcement agent to accompany a patient in the

law enforcement agent's custody or otherwise be present in the facility; or

new text end

new text begin

(ii) the law enforcement agent is responding to a request from hospital personnel to

address a safety or security issue at the hospital;

new text end

new text begin

(5) procedures to ensure patients are provided with:

new text end

new text begin

(i) a notice of privacy practices in accordance with Code of Federal Regulations, title

45, section 164.520. The notice of privacy practices must be made available in each of the

languages spoken by more than five percent of the population living in the geographic area

served by the hospital;

new text end

new text begin

(ii) information about a patient's right to request an amendment to the patient's health

record and information on how to request that any of the following information in the

patient's health record is deleted, redacted, or amended: place of birth; immigration or

citizenship status; or information from a patient's birth certificate, passport, permanent

resident card, alien registration card, or employment authorization documents; and

new text end

new text begin

(iii) an opportunity, at the earliest reasonable moment, to sign a consent form to permit

the hospital to disclose information to parents, guardians, relatives, or other designees of

the patient about the patient's health status or hospital admission and discharge status. The

hospital must make this consent form available in each of the languages spoken by more

than five percent of the population living in the geographic area served by the hospital;

new text end

new text begin

(6) procedures to ensure the hospital releases to a law enforcement agent only health

records and protected health information requested by the law enforcement agent in strict

accordance with all applicable state and federal laws and regulations, including but not

limited to sections 144.291 to 144.298; the Health Insurance Portability and Accountability

Act of 1996, as amended; and Code of Federal Regulations, title 45, parts 160 and 164;

new text end

new text begin

(7) for a hospital that releases health records or protected health information to a law

enforcement agent, procedures to provide notice of the release to the patient whose health

records or protected health information was released;

new text end

new text begin

(8) a procedure for the hospital to release information to a law enforcement agent for

the purpose of immigration enforcement to the extent permitted under Code of Federal

Regulations, title 45, section 164.512(e) or (f) and in strict compliance with:

new text end

new text begin

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

new text end

new text begin

(ii) a valid, accurate order issued by a federal judge or magistrate; or

new text end

new text begin

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

new text end

new text begin

For a request for information for civil immigration enforcement and regarding a patient

whose health care services are covered by medical assistance and who is an alien not lawfully

residing in the United States, a hospital must not release more than the following information

to a law enforcement agent: the patient's citizenship and immigration status, address,

telephone number, date of birth, and Medicaid identification;

new text end

new text begin

(9) procedures to ensure all hospital policies comply with this section; and

new text end

new text begin

(10) a provision prohibiting the hospital or the hospital's agents from retaliating against

a patient, employee, or member of the public who files a complaint under subdivision 8.

new text end

new text begin

Subd. 4.

new text end

new text begin

Training.

new text end

new text begin

A hospital must provide training on the policy required under

subdivision 3 at least annually, or more frequently if deemed necessary by the hospital, to:

new text end

new text begin

(1) all clinical health care personnel at the hospital, including but not limited to intake

personnel, emergency room personnel, and independent contractors who provide clinical

services;

new text end

new text begin

(2) hospital security personnel;

new text end

new text begin

(3) the hospital's designated contact person or persons under subdivision 3, clause (1);

and

new text end

new text begin

(4) administrative volunteers.

new text end

new text begin

Subd. 5.

new text end

new text begin

Submission to commissioner.

new text end

new text begin

By January 1, 2027, each hospital must submit

to the commissioner the hospital's policy adopted under subdivision 3.

new text end

new text begin

Subd. 6.

new text end

new text begin

Notice; immigration rights.

new text end

new text begin

Each hospital must post, in a conspicuous place

in the hospital that is accessible to patients, employees, and visitors, a notice about

immigration rights and a telephone number that individuals may call to learn about

immigration rights. The notice must be made available in each of the languages spoken by

more than five percent of the population living in the geographic area served by the hospital.

The commissioner must develop and provide to hospitals the notice required under this

subdivision.

new text end

new text begin

Subd. 7.

new text end

new text begin

Enforcement; submission to commissioner.

new text end

new text begin

(a) By February 1, 2027, the

commissioner must notify a hospital that failed to submit the policy required under

subdivision 3 to the commissioner that the hospital must submit the policy within seven

business days after receiving the notice.

new text end

new text begin

(b) Notwithstanding section 144.653, subdivision 6, if a hospital fails to submit the

policy required under subdivision 3 within seven business days after receiving the notice

under paragraph (a), the commissioner may impose a fine on the hospital of up to $500 per

day until the hospital submits the policy to the commissioner.

new text end

new text begin

Subd. 8.

new text end

new text begin

Complaint investigation.

new text end

new text begin

The commissioner, through the Office of Health

Facility Complaints, must accept, investigate, and respond to complaints from patients,

employees, and the public alleging that a hospital failed to comply with the hospital's policy

adopted under subdivision 3.

new text end

new text begin

Subd. 9.

new text end

new text begin

Immunity.

new text end

new text begin

Hospital personnel, including but not limited to administrative

volunteers, who act in good faith to comply with this section are immune from administrative

liability, civil liability, or criminal prosecution that might arise from the action taken.

new text end

new text begin

Subd. 10.

new text end

new text begin

Existing duties.

new text end

new text begin

Nothing in this section negates the duty of hospital personnel

to:

new text end

new text begin

(1) file a report under section 260E.06 or 626.557; file a report with a health-related

licensing board as defined under section 214.01, subdivision 2, or with the commissioner

as required under licensure or registration laws for health professionals; or otherwise file a

report as required by law; or

new text end

new text begin

(2) respond to a suspected crime at the hospital.

new text end

new text begin

Subd. 11.

new text end

new text begin

Conflict of laws.

new text end

new text begin

Nothing in this section shall be construed to conflict with

federal law or limit the enforcement of federal law.

new text end

Sec. 2.
new text begin
APPROPRIATION; HEALTH CARE SANCTITY AND PRIVACY ACT.
new text end

new text begin

$....... in fiscal year 2027 is appropriated from the general fund to the commissioner of

health for purposes of Minnesota Statutes, section 144.601.

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) "Prevailing party" includes any party:

new text end

new text begin

(1) who obtains some or all requested relief through a judicial judgment in the party's

favor;

new text end

new text begin

(2) who obtains some requested relief through a settlement agreement approved by the

court; or

new text end

new text begin

(3) whose pursuit of a nonfrivolous claim was a catalyst for a change in position by the

opposing party relative to the relief sought.

new text end

new text begin

(f) "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. This

paragraph applies to any policies, procedures, or practices that violate section 13.375.

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

new text begin

Subd. 6.

new text end

new text begin

Civil lawsuit.

new text end

new text begin

(a) Beginning July 1, 2027, any party aggrieved by conduct that

violates subdivision 3 or 4 may bring a civil lawsuit. The lawsuit must be brought no later

than two years after the violation of subdivision 3 or 4. If the court finds that a violation of

subdivision 3 has occurred, the court may award general or special damages. The court may

grant injunctive relief or a temporary restraining order, as the court deems appropriate. An

action filed pursuant to this section may be commenced in the county where the individual

alleging damage or seeking relief resides or in the county where the school is located.

new text end

new text begin

(b) Nothing in this section may be construed to require an exhaustion of the administrative

complaint process before civil law remedies may be pursued.

new text end

new text begin

(c) Upon a motion, a court may award reasonable attorney fees and costs to a plaintiff

who is a prevailing party in any action brought under this section.

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 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 the day following final enactment. 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.

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. 2.

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

Restriction on use; contracts and agreements.

new text end

new text begin

(a) A government entity must

not collect, create, receive, maintain, or disseminate immigration status data unless the data

are necessary to fulfill or administer a state or local program, investigate or prosecute a state

crime, fulfill consular notification requirements under international treaty, or as otherwise

required by state or federal law.

new text end

new text begin

(b) Notwithstanding section 138.17, a government entity must destroy any immigration

status data it maintains as soon as permissible under state or federal law and as soon as

possible for purposes of fulfilling or administering the state or local program for which the

data were collected or created.

new text end

new text begin

(c) Section 13.05, subdivision 11, applies to this section except that, for purposes of this

section, a "private person" includes any person that is not a government entity, and a

"contract" includes any agreement.

new text end

new text begin

Subd. 4.

new text end

new text begin

Any data on individuals; restricting dissemination.

new text end

new text begin

(a) Unless required by

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

disseminate any data on individuals if the data will be used for civil immigration enforcement,

as defined by section 629.80. This paragraph applies regardless of the data's classification

and notwithstanding any other state law. Without written certification to the contrary from

the federal immigration authority receiving the data, any data on individuals shared or

disseminated to a federal immigration authority, as defined by section 629.80, are presumed

to be used for civil immigration enforcement.

new text end

new text begin

(b) To ensure compliance with paragraph (a), a government entity that shares data on

individuals to a private person other than the subject of the data must require a written

certification that the information will not be:

new text end

new text begin

(1) used for civil immigration enforcement; or

new text end

new text begin

(2) be 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

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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.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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APPENDIX

Repealed Minnesota Statutes: 26-07806

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.