AG Ellison issued a formal legal opinion that prohibits Minnesota law enforcement from holding someone on an immigration detainer if the person would otherwise be released from custody

Published Date: Feb 6, 2025

AG Ellison’s office released a formal legal opinion clarifying that Minnesota law prohibits state and local law enforcement from detaining individuals based solely on immigration detainers if they are eligible for release. This opinion outlines the different types of detainers and warrants issued by federal Immigration and Customs Enforcement (ICE), concluding that keeping someone in custody beyond their release time amounts to an "arrest" under both the U.S. and Minnesota Constitutions. Additionally, the Minnesota Supreme Court has determined that "a jailer or prison superintendent can be held liable for false imprisonment in an action by a prisoner detained beyond the expiration of his sentence," highlighting that such actions violate the Fourth Amendment of the U.S. Constitution and Article 1, section 10 of the Minnesota Constitution.

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