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A bill for an act
relating to public safety; authorizing law enforcement holds of certain persons
subject to federal immigration detainers; proposing coding for new law in
Minnesota Statutes, chapter 629.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[629.716] RELEASE ON IMMIGRATION DETAINER REQUEST;
STAYED ORDER OF RELEASE.
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Subdivision 1.
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Definition.
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For purposes of this section, "immigration detainer" means
the United States Department of Homeland Security Form I-247 or successor forms.
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Subd. 2.
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Stayed effectiveness of release orders.
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In any criminal proceeding where the
defendant is the subject of an immigration detainer issued by United States Immigration
and Customs Enforcement prior to a first appearance or a bail hearing, the effectiveness of
release in an order of the court granting bail or pretrial release is stayed for the period of
time necessary to facilitate the secure transfer of custody of the person to federal authorities,
not to exceed 48 hours, excluding Saturdays, Sundays, and holidays.
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Subd. 3.
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No new seizure.
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The stay of release of a person under this section is
presumptively reasonable due to compelling state and federal interests in public safety and
in the secure transfer of a person in custody. Any period of stay under this section is a
continuation of the original lawful custody of the state and does not constitute a new arrest,
a warrantless seizure, or an independent period of detention. The 48-hour stay period shall
not be construed as a denial of the right to bail.
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Subd. 4.
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Continuation of judicial oversight.
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During the period of stayed execution of
bail or release order, the person who is the subject of the bail or release order remains under
the jurisdiction of the issuing court, and a defendant may post bail during the stay or while
in federal custody.
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Subd. 5.
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Book and release.
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Whenever a person has been arrested for an offense and is
booked in a police station or county jail, the law enforcement agency having custody of the
person must continue the detention for a period not to exceed 48 hours after the person's
time of arrest, excluding Saturdays, Sundays, and holidays, if the person is the subject of
an immigration detainer issued by United States Immigration and Customs Enforcement.
The sole purpose of the continued detention under this subdivision is to securely transfer
custody of the person to the federal authorities within the required time period.
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Subd. 6.
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Compliance with federal immigration agency permitted.
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A law enforcement
agency that has custody of a person subject to an immigration detainer issued by United
States Immigration and Customs Enforcement is authorized to:
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(1) comply with, honor, and fulfill any request made in the immigration detainer provided
by the federal government for the period of time authorized by this section;
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(2) inform the person that the person is being held pursuant to an immigration detainer
issued by United States Immigration and Customs Enforcement;
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(3) inform United States Immigration and Customs Enforcement of the person's release
date and time as soon as practicable; and
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(4) securely transfer custody of the person to federal authorities within the time period
of the immigration detainer.
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Subd. 7.
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No effect on persons with lawful status.
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This section does not apply to a
person who is a United States citizen or an alien with lawful immigration status. A person
may prove that the person is a United States citizen or has lawful immigration status in the
United States by evidence including but not limited to a birth certificate, naturalization
certificate, passport, valid United States visa, letters issued by the United States Department
of Homeland Security, or other similar government-issued identification.
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Subd. 8.
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Mandatory release.
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If a federal agency has not assumed physical custody of
the defendant within the period allowed under subdivision 5 or 6, or within the 48-hour
stayed period pursuant to subdivision 2, the bail or release becomes effective immediately
upon the conclusion of the stayed period and the defendant shall be released provided all
other conditions of bail remain satisfied.
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Subd. 9.
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Immunity.
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No county, or any official, agent, peace officer, or employee shall
be held liable for the good-faith detention of a person during the period authorized under
this section. No county, or any official, agent, peace officer, or employee shall be held liable
for an incorrect determination of lawful status or release made in good faith pursuant to
subdivision 7 or 8.
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