Bill > SF5294

This bill allows law enforcement in Minnesota to hold individuals for up to 48 hours (excluding weekends and holidays) if they are subject to an "immigration detainer," which is a form issued by the U.S. Department of Homeland Security (DHS) requesting custody of a person for immigration enforcement purposes. This hold can be applied even if a court has ordered the person's release on bail or pretrial release, effectively delaying their release to facilitate a secure transfer to federal immigration authorities. The bill clarifies that this extended hold is considered a continuation of lawful custody and not a new arrest, and it does not affect a person's right to bail. Law enforcement agencies are authorized to comply with these detainers, inform the individual they are being held under one, notify U.S. Immigration and Customs Enforcement (ICE) of release dates, and transfer custody. Importantly, this provision does not apply to U.S. citizens or individuals with lawful immigration status, who can prove their status with documents like birth certificates or passports. If federal authorities do not take custody within the allowed time, the person must be released according to the original court order, provided other conditions are met. The bill also provides immunity to counties and their officials for good-faith detention or release decisions made under these provisions.