The Minnesota Attorney General's Office has issued fresh guidance for organizations managing sensitive locations to clarify their rights and responsibilities amidst changes in federal immigration enforcement policies. This guidance follows the recent revocation of Immigration and Customs Enforcement's (ICE) policy that previously barred enforcement actions in sensitive locations like medical facilities, houses of worship, and shelters.
In the updated guidance released today, the Minnesota Attorney General’s Office emphasizes that the enforcement of immigration laws is a federal responsibility. Local and state authorities cannot be compelled to enforce these laws, but they can assist ICE through voluntary 287(g) agreements. However, it remains unclear whether these agreements align with Minnesota state law.
Key parts of the guidance focus on where ICE can conduct enforcement without warrants and differentiate between types of warrants. ICE activities in public areas, like lobbies or worship areas, do not require warrants. However, entry into non-public areas such as back offices and patient care spaces requires organization permission, subpoenas, or judicial warrants. The guidance details how to distinguish between judicial warrants, which are court-issued, and administrative ICE warrants.
Organizations managing sensitive locations are advised to establish internal protocols for dealing with ICE agents, including designating staff to handle such interactions. Staff have rights to identify agents, inspect warrants, and document interactions. Moreover, staff are not obligated to answer ICE agents' questions nor interfere with lawful actions, but providing false information is illegal.
The new guidance also reiterates the prohibition of discrimination based on immigration status, emphasizing due process and equal protection rights under the U.S. Constitution. Notably, this guidance does not cover situations in Minnesota schools or courts, which are addressed separately by other state entities.
For further details, the full guidance is accessible through the Minnesota Attorney General’s Office.