Bill Text: MN SF2433 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Immigration law enforcement noncooperation ordinances and policies prohibition; immigration-related data use authorization
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-03-14 - Referred to Judiciary and Public Safety [SF2433 Detail]
Download: Minnesota-2011-SF2433-Introduced.html
1.2relating to law enforcement; prohibiting immigration law enforcement
1.3noncooperation ordinances and policies; providing for use of immigration-related
1.4data;proposing coding for new law in Minnesota Statutes, chapters 13; 299A.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [13.021] IMMIGRATION DATA; PREEMPTION.
1.7(a) Notwithstanding any other state or local law, no government entity or responsible
1.8authority within Minnesota may prohibit, or in any way restrict, any government entity,
1.9responsible authority or designee, or other official from sending to, or receiving from, the
1.10United States Department of Homeland Security, information regarding the citizenship or
1.11immigration status, lawful or unlawful, of any individual.
1.12(b) Notwithstanding any other state or local law, no person or government entity may
1.13prohibit, or in any way restrict, a public employee from doing any of the following with
1.14respect to data regarding the immigration status, lawful or unlawful, of any individual:
1.15(1) sending the data to, or requesting or receiving the information from, the United
1.16States Department of Homeland Security;
1.17(2) maintaining the data; or
1.18(3) exchanging the data with any other federal, state, or local government entity.
1.19(c) A person lawfully domiciled in this state may bring a private right of action
1.20by filing for a writ of mandamus to compel any noncooperating government entity,
1.21responsible authority or designee, or other official or employee to comply with reporting
1.22laws.
1.23EFFECTIVE DATE.This section is effective the day following final enactment.
2.1 Sec. 2. [299A.82] IMMIGRATION LAWS; NONCOOPERATION PROHIBITED.
2.2(a) For purposes of this section, the following terms have the meanings given them:
2.3(1) "criminal justice agency" has the meaning given in section 13.02;
2.4(2) "government entity" has the meaning given in section 13.02;
2.5(3) "peace officer" has the meaning given in section 626.84;
2.6(4) "person" has the meaning given in section 13.02; and
2.7(5) "political subdivision" has the meaning given in section 13.02.
2.8(b) Notwithstanding any other state or local law, no political subdivision, whether
2.9acting through its governing body or by an initiative, referendum, or any other process,
2.10shall enact any ordinance, regulation, or policy that limits or prohibits a criminal
2.11justice agency, peace officer, or official or employee of the political subdivision from
2.12communicating or cooperating with federal officials with regard to (1) information
2.13concerning the immigration status of any person within Minnesota or (2) the enforcement
2.14of federal immigration laws and regulations.
2.15(c) A person lawfully domiciled in this state may bring a private right of action
2.16by filing for a writ of mandamus to compel any noncooperating government entity or
2.17applicable government official or employee to comply with reporting or enforcement
2.18laws or regulations.
1.3noncooperation ordinances and policies; providing for use of immigration-related
1.4data;proposing coding for new law in Minnesota Statutes, chapters 13; 299A.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [13.021] IMMIGRATION DATA; PREEMPTION.
1.7(a) Notwithstanding any other state or local law, no government entity or responsible
1.8authority within Minnesota may prohibit, or in any way restrict, any government entity,
1.9responsible authority or designee, or other official from sending to, or receiving from, the
1.10United States Department of Homeland Security, information regarding the citizenship or
1.11immigration status, lawful or unlawful, of any individual.
1.12(b) Notwithstanding any other state or local law, no person or government entity may
1.13prohibit, or in any way restrict, a public employee from doing any of the following with
1.14respect to data regarding the immigration status, lawful or unlawful, of any individual:
1.15(1) sending the data to, or requesting or receiving the information from, the United
1.16States Department of Homeland Security;
1.17(2) maintaining the data; or
1.18(3) exchanging the data with any other federal, state, or local government entity.
1.19(c) A person lawfully domiciled in this state may bring a private right of action
1.20by filing for a writ of mandamus to compel any noncooperating government entity,
1.21responsible authority or designee, or other official or employee to comply with reporting
1.22laws.
1.23EFFECTIVE DATE.This section is effective the day following final enactment.
2.1 Sec. 2. [299A.82] IMMIGRATION LAWS; NONCOOPERATION PROHIBITED.
2.2(a) For purposes of this section, the following terms have the meanings given them:
2.3(1) "criminal justice agency" has the meaning given in section 13.02;
2.4(2) "government entity" has the meaning given in section 13.02;
2.5(3) "peace officer" has the meaning given in section 626.84;
2.6(4) "person" has the meaning given in section 13.02; and
2.7(5) "political subdivision" has the meaning given in section 13.02.
2.8(b) Notwithstanding any other state or local law, no political subdivision, whether
2.9acting through its governing body or by an initiative, referendum, or any other process,
2.10shall enact any ordinance, regulation, or policy that limits or prohibits a criminal
2.11justice agency, peace officer, or official or employee of the political subdivision from
2.12communicating or cooperating with federal officials with regard to (1) information
2.13concerning the immigration status of any person within Minnesota or (2) the enforcement
2.14of federal immigration laws and regulations.
2.15(c) A person lawfully domiciled in this state may bring a private right of action
2.16by filing for a writ of mandamus to compel any noncooperating government entity or
2.17applicable government official or employee to comply with reporting or enforcement
2.18laws or regulations.
