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Saint Paul, MN Immigration Policy: Sanctuary Policy Preemption (2026)

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

Key Facts

Adopted
C.F. No. 04-316, May 5, 2004
Amended
Ord. No. 18-21, June 13, 2018
Covers
Police, fire, city attorney criminal division
Key exception
Status is element of crime or 8 U.S.C. 1324(c)
U-visa certification
30 days standard, 7 days expedited
Discipline range
Reprimand up to discharge (Sec. 44.04)
Private lawsuit
Not created by this chapter (Sec. 44.07)

Summary

Saint Paul's Legislative Code Chapter 44 bars police, fire and city attorney criminal-division staff from questioning, arresting or detaining anyone solely to enforce federal civil immigration law. Adopted by the city council in 2004 (C.F. No. 04-316) and amended in 2018 (Ord. No. 18-21), it also limits when general city employees may ask about immigration status when providing services.

It is the policy of the city to respect the role of homeland security by avoiding pro-active enforcement of civil immigration laws. ... It is the policy of the city that all residents are equally entitled to protection and that all residents should be able to access city services to which they are entitled, without regard to their immigration status under federal law. ... Public safety officials may not undertake any law enforcement action for the sole purpose of detecting the presence of undocumented persons, or to verify immigration status, including but not limited to questioning any person or persons about their immigration status. ... Public safety officials may not question, arrest or detain any person for violations of federal civil immigration laws except when immigration status is an element of the crime or when enforcing 8 U.S.C. 1324(c).

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 133 Update 1).

Full Breakdown

F. No. 04-316) and amended June 13, 2018 (Ord. No. 18-21), sets the city's policy that it "does not operate its programs for the purpose of enforcing federal immigration laws" and works to keep all residents able to access city services "without regard to their immigration status under federal law" (Sec. 01). Under Sec. 02, city employees providing general services may not ask about immigration status except when a law or program specifically requires it as a condition of eligibility, and presenting a foreign photo ID, passport or matricula consular in place of a driver's license does not by itself trigger a status inquiry.

Sec. C. Sec. 1324(c). Any dispatch of city personnel to assist federal immigration enforcement under these exceptions must be documented, including the homeland security agent in charge and the officer who authorized it (Sec. 03(b)). Sec. 06, added by Ord. No. 18-21, requires the police department and city attorney's office to process U-visa and T-visa law-enforcement certification requests within 30 days, or within 7 days for victims already in removal proceedings. Sec. 08 makes the chapter severable if any part is struck down.

Violations & Fines

Sec. 44.04 makes a violation a personnel matter, not a private right of action (Sec. 44.07): an employee who breaks these rules faces discipline ranging from oral or written reprimands to unpaid suspension or discharge under the applicable union contract, civil service rules or department work rules. Complaints against police staff go to the police internal integrity assurance unit and the civilian review commission; complaints against other city employees go to the director of human resources, with written results due within 90 days.

Frequently Asked Questions

Can Saint Paul police ask about my immigration status?
No. Under Sec. 44.03(a)(1), Saint Paul police, fire and city attorney criminal-division staff may not undertake any law enforcement action, including questioning, for the sole purpose of detecting someone's immigration status. Officers may still ask when immigration status is itself an element of the charged crime, when handling bail or conditional release, or when enforcing the federal alien-smuggling law, 8 U.S.C. Sec. 1324(c).
Does Saint Paul cooperate with ICE detainer requests?
Chapter 44 doesn't ban all cooperation, but Sec. 44.01 states the city "does not operate its programs for the purpose of enforcing federal immigration laws," and Sec. 44.03(a)(3) bars police from questioning, arresting or detaining someone solely for a civil immigration violation. Any assistance given to federal agents under the narrow exceptions must be documented under Sec. 44.03(b), including the homeland security agent in charge.
Will asking for city services expose my immigration status?
Generally no. Sec. 44.02 tells city employees not to ask about immigration status when determining eligibility for general services unless a law or program specifically requires it, and any status information collected can't be recorded except as legally required. A foreign driver's license, passport or matricula consular accepted in place of a state ID does not by itself trigger a status inquiry.
Can a Saint Paul crime victim get a U-visa certification?
Yes. Sec. 44.06 lets crime victims or their representatives request a U-visa or T-visa law-enforcement certification from the police department or city attorney's office. Standard requests are processed within 30 days, and victims already in removal proceedings get expedited review within 7 days; the city must publish the certification process, including expedited review, in multiple languages.

Sources & Official References

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