FURTHER PROTECT ASYLUM DUE PROCESS AND PROHIBIT STATE ASSISTANCE IN DEPORTATION-DRIVEN CASE DISMISSALS

 

The purpose of this bill is to ensure Minnesota protects due process and the humanitarian rights of individuals seeking

asylum with the state. This will be accomplished through preventing cooperation, participation, or assistance by

Minnesota state agencies, local law enforcement, courts, or detention facilities in the dismissal of asylum cases when

dismissal is used solely to deport or remove an asylum seeker. So it will be required that asylum cases involving

individuals residing in Minnesota be adjudicated on their legal merits, not used as a short cut for deportation.

 

Minnesota has a legal and moral responsibility to uphold due process and protect residents seeking safety from

persecution. Dismissing asylum cases for deportation purposes: violates constitutional due process, undermines U.S. and

international refugee protections, and risks returning vulnerable individuals to danger. Minnesota has a long, proud

history of welcoming immigrants and refugees. These people often become integral parts of our society and protecting the

asylum process preserves community trust, public safety, and human rights compliance. State action is necessary because

ICE specifically operates within Minnesota and relies on local cooperation.

 

Asylum Due Process: The legal principle guaranteeing that all individuals physically present in the United States,

including asylum seekers, receive fair and impartial legal procedures before the government can deny their asylum claim

or order their removal.

Asylum Applicant: A person living in, detained in, or processed in Minnesota who has filed or intends to file an asylum

application under federal law.

Dismissal for Deportation Purpose: Termination of an asylum claim, case, or proceeding where the primary purpose is

enabling immediate removal rather than legal adjudication.

State or Local Entity: Includes Minnesota law enforcement, correctional facilities, courts, county sheriffs,

state-funded detention centers, and any agency receiving state funds.

Cooperation with ICE: Sharing information, detaining individuals beyond release time, issuing detainers, or assisting

removal actions specifically used to facilitate deportation after dismissal.

adjudicated: A judge makes a formal judgement about the rights and wrongs of the actions that occurred.

 

There will be two funding sources: one-time reallocated funds and ongoing State General Fund money. The one-time

reallocation funds will be used for essential, initial costs like purchasing case management technology and developing

new training programs across all state agencies. The State General Fund will cover recurring, long-term expenses, such

as salaries for the Attorney General's investigative personnel, HR staff for disciplinary actions, and the cost of

compiling the required annual public report for the Legislature. Finally, any civil penalties collected from officials

or agencies who knowingly violate the Act will be placed into a revolving fund to be reinvested in future enforcement

and investigative needs.

 

Violations will be investigated by the Minnesota Attorney General. There will be civil penalties for agencies or

officials who knowingly violate the act and state employees would face disciplinary action. As for enforcement, an

annual public report to the Minnesota Legislature detailing ICE cooperation requests, instances of denied cooperation,

and documented violations and corrective actions will be required.

 

Upon passage.