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Duluth, MN Immigration Policy: Sanctuary Policy Preemption (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing law
Duluth Legislative Code Art. XXXIX, §§ 2-195 to 2-197
Data sharing
Barred absent legal requirement
Resource use for federal enforcement
Prohibited unless required by law
Oversight body
Duluth Citizen Review Board
Task force carve-out
Joint criminal task forces unaffected

Summary

The City of Duluth has adopted a formal welcoming and non-cooperation policy: city employees, officers and agents cannot use city resources to help enforce federal civil immigration laws or share private data with federal immigration authorities except when required by law.

Other than when required by law, city employees, officers or agents shall not use city resources, including city facilities, buildings, property, monies, or equipment to assist in or otherwise facilitate the enforcement of federal civil immigration laws. ... Other than when required by law, city employees, officers or agents shall not share private or nonpublic data with federal immigration authorities to facilitate the enforcement of federal civil immigration laws. Data subject to 8 U.S.C. §§ 1373 and 1644 are exempt from this provision.

Full Breakdown

Under Article XXXIX of the Duluth Legislative Code, the Duluth City Council found that the city "does not operate its programs for the purpose of enforcing federal civil immigration laws" and that enforcing those laws would squander limited municipal resources and chill immigrant residents' willingness to report crime and cooperate with public safety efforts (Duluth Legislative Code § 2-195). The operative rules sit in Section 2-196, General city services. §§ 1373 and 1644. Employees may only ask about immigration status "when specifically required to do so by law or program guidelines as a condition of eligibility for the service sought," and cannot discriminate against service users based on immigration status.

The Article does not bar joint law enforcement task force work or assistance investigating criminal activity, and it does not restrict federal agencies at maritime, aviation, or international transit facilities. The city must timely report to the Duluth Citizen Review Board any civil immigration data requests it receives from federal immigration authorities, along with related costs (§ 2-196(h)), giving the policy an ongoing oversight mechanism rather than a one-time proclamation.

Violations & Fines

The Article itself sets no fines against residents; it binds city personnel, not the public. Section 2-197 is a severability clause: if a court strikes any part of the Article as unconstitutional, the rest stays enforceable. Employee compliance is addressed through mandatory new-hire and ongoing training under § 2-196(g), and the Citizen Review Board reporting requirement in § 2-196(h) functions as the accountability check on city staff.

Frequently Asked Questions

Does Duluth call itself a sanctuary city?
The ordinance does not use the word "sanctuary." It is titled Stewardship of City Resources and Communication Between the City and the Federal Government, and it states the city "does not operate its programs for the purpose of enforcing federal civil immigration laws" under Duluth Legislative Code § 2-195.
Can Duluth police still work with federal agents on crimes?
Yes. Section 2-196(e) preserves public safety personnel's ability to take part in joint law enforcement task forces or assist federal officers investigating criminal activity, even when the person involved may also be violating federal civil immigration law.
Will a city employee ask about my immigration status?
Only when a law or program's eligibility rules specifically require it. Section 2-196(b) says employees "shall only solicit immigration information or inquire about immigration status when specifically required to do so by law or program guidelines as a condition of eligibility for the service sought."

Sources & Official References

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