Judiciary panel fails to advance bill to limit civil immigration enforcement

Rep. Sandra Feist (DFL-New Brighton) believes the Fourth Amendment right to be free from unwarranted searches and seizures is under attack by U.S. Immigration and Customs Enforcement agents taking part in Operation Metro Surge.

“I am aware of at least five incidents in my community where ICE agents have broken down doors to homes and entered premises without a judicial warrant,” she told the House Judiciary Finance and Civil Law Committee Tuesday.

She sponsors HF3483 that would create misdemeanor trespass penalties for individuals entering a private residence, school, or school bus for the purpose of civil immigration enforcement without a warrant issued by a judge and probable cause to believe that the individual being sought is on the premises.

A gross misdemeanor would be the charge level for individuals entering a place providing emergency shelter services for battered women or victims of sex trafficking or for three or more individuals entering school property.

Peace officers and jails would also be prohibited from detaining or holding individuals based solely on a civil immigration warrant.

“It is codifying state and federal constitutional protections against unreasonable searches and seizures,” Feist said.

A roll-call, 7-7 party-line vote prevented the bill from moving forward.

John Boehler, policy counsel of the American Civil Liberties Union of Minnesota, took issue with ICE agents using administrative warrants to enter private homes.

“The use and reliance on these self-governed and self-issued warrants is an affront to our constitutional protections of issuance by a judicial officer and probable cause,” he said.

Debate on the bill was limited, with only one Republican briefly commenting on it.

Rep. Walter Hudson (R-Albertville) said the bill would essentially be telling federal agents they would be “trespassing just by doing [their] job.”