1.1 	A bill for an act
1.2 	relating to public safety; directing the attorney general to prepare a report on the 
1.3 	costs of illegal immigration to the state; requiring the attorney general to assess 
1.4 	the cost of illegal immigration to the federal government; directing the attorney 
1.5 	general to monitor and record the responses of federal immigration authorities to 
1.6 	inquiries submitted by state law enforcement officers;proposing coding for new 
1.7 	law in Minnesota Statutes, chapters 8; 626.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. [8.085] ILLEGAL IMMIGRATION.
1.10 		Subdivision 1.Purpose statement. It is the intent of the legislature to address the 
1.11 	costs and public safety issues associated with illegal immigration. The federal government 
1.12 	has failed to fulfill its constitutional obligation to enforce federal immigration law and 
1.13 	policy. The failure of federal immigration policy has resulted in an unimpeded flow of 
1.14 	illegal immigrants into the state and the costs of illegal immigration being shifted from 
1.15 	the federal government to the state. The legislature hereby adopts the following policies 
1.16 	that are designed to calculate the cost of illegal immigration to the state and recover 
1.17 	those costs from the federal government.
1.18 		Subd. 2.Monitoring federal response; report. The attorney general shall annually 
1.19 	compile the data collected and submitted by law enforcement agencies under section 
1.20 	626.5533 regarding the federal response to illegal immigration requests from state law 
1.21 	enforcement officers. The attorney general shall prepare a report that analyzes the data 
1.22 	collected and annually provide a copy of the report to the governor, senate majority 
1.23 	leader, senate minority leader, speaker of the house, and house minority leader on or 
1.24 	before February 1.
2.1 		Subd. 3.Report. The attorney general, in coordination with the state Supreme 
2.2 	Court and all relevant departments and local units of government, shall annually (1) 
2.3 	calculate the costs incurred by state and local units of government and hospitals because 
2.4 	of the presence of, and their contact with, illegal immigrants, and (2) evaluate the impact 
2.5 	and potential impact of illegal immigrants on public safety. In calculating the cost of 
2.6 	illegal immigration to the state and its political subdivisions, the attorney general shall 
2.7 	not include the costs associated with illegal immigrants who, at the request of law 
2.8 	enforcement, are detained by federal immigration authorities and deported or subjected to 
2.9 	deportation proceedings. The attorney general shall provide a copy of the report to the 
2.10 	governor, senate majority leader, senate minority leader, speaker of the house, and house 
2.11 	minority leader on or before February 1.
2.12 		Subd. 4.Federal chargeback and public safety report. The attorney general 
2.13 	shall annually charge back the cost of illegal immigration to the state and local units of 
2.14 	government, as calculated in the report required by subdivision 2, to the United States 
2.15 	Department of Homeland Security and other appropriate federal agencies. The attorney 
2.16 	general shall submit a copy of the report along with the state's request for federal 
2.17 	reimbursement. If the United States refuses to reimburse the state for all or any portion 
2.18 	of the chargeback, the attorney general must prepare and submit a report, as provided in 
2.19 	subdivision 5, regarding the viability of using the authority granted the attorney general 
2.20 	under section 8.09 to file suit and seek full and complete reimbursement from the federal 
2.21 	government.
2.22 		Subd. 5.Lawsuit evaluation; report. If the federal government refuses the 
2.23 	request for reimbursement under subdivision 4, the attorney general shall prepare a 
2.24 	report and recommendations regarding the viability of a lawsuit to recover from the 
2.25 	federal government the state's unreimbursed costs of illegal immigration. The report 
2.26 	must consider all federal funding obligations that are not authorized under the federal 
2.27 	constitution in comparison to costs incurred by the state and local governments of 
2.28 	Minnesota to cover the cost of illegal immigration to the state. The attorney general 
2.29 	shall provide a copy of the report to the governor, senate majority leader, senate minority 
2.30 	leader, speaker of the house, and house minority leader. 

2.31 	Sec. 2. [626.5533] REPORTING OF REQUESTS TO FEDERAL IMMIGRATION 
2.32 	AUTHORITIES.
2.33 	A peace officer must report to the head of the officer's department every request the 
2.34 	officer submits to federal immigration authorities for assistance with illegal immigrants 
2.35 	and separately for assistance with suspected illegal immigrants. As part of the report, 
3.1 	the officer must specify and describe the federal authority's response to the officer's 
3.2 	request. The head of each state and local law enforcement agency must provide copies 
3.3 	of the reports collected in the preceding six months to the attorney general on July 1 and 
3.4 	December 31 of each year. The attorney general, in consultation with the commissioner 
3.5 	of public safety, shall adopt a reporting form to be used by law enforcement agencies 
3.6 	in making the reports required under this section. The reporting form must include for 
3.7 	each incident all of the following:
3.8 	(1) the date of the request;
3.9 	(2) the federal response to the request;
3.10 	(3) the disposition of the case; and 
3.11 	(4) any additional information the attorney general considers necessary for the 
3.12 	acquisition of accurate and relevant data pertaining to both the cost and public safety 
3.13 	impact of illegal immigration.