AG Ellison issued a formal legal opinion today about 287(g) agreements, which are agreements state and local governments may enter into with Immigration and Customs Enforcement (ICE) to authorize state or local law enforcement officers to perform certain immigration duties. The opinion finds that Minnesota law does not permit sheriffs to enter into 287(g) agreements with ICE unilaterally and that the authority to enter into such agreements rests with county boards of commissioners. The opinion also states that 287(g) agreements do not permit law enforcement agencies to detain individuals solely on the basis of a civil ICE detainer request if state law does not otherwise authorize law enforcement to detain them. 

Under State law, the Attorney General’s Office may issue a legal opinion upon the request of a limited number of public officials or bodies. The Attorney General’s Office produced today’s opinion on the request of Ramsey County Attorney John Choi, who asked the Office for an opinion on whether Minnesota sheriffs may enter into 287(g) agreements with ICE, and whether such agreements permit local law enforcement officers to detain persons who would otherwise be released from custody pursuant to civil immigration detainers from ICE.