Minnesota AG: ICE can make with agreements county commissioners, not sheriffs
MINNEAPOLIS (FOX 9) - The Minnesota Attorney General shared a legal opinion that clarified which local authorities can enter into 287(g) agreements with Immigration and Customs Enforcement.
A 287(g) agreement allows ICE to deputize local authorities to enforce immigration laws, but does not allow detentions based solely on ICE detainers.
ICE agreements with local entities
What they're saying:
The Attorney General’s Office stated that only county boards of commissioners, not sheriffs, can enter into 287(g) agreements with ICE.
This comes after Ramsey County Attorney John Choi requested an opinion to clarify if Minnesota sheriffs are allowed to enter into 287(g) agreements with ICE and if those agreements permit local police officers to detain anyone who would otherwise be released from custody without a civil detainer from ICE.
The opinion highlights that sheriffs can enter contracts for police services with towns and cities, but not with the federal government. This distinction indicates that the omission of federal contracts is intentional, according to AG Ellison's opinion.
The opinion also clarifies that 287(g) agreements do not authorize Minnesota law enforcement to detain individuals solely based on ICE detainers. Officers must comply with state arrest laws.
READ MORE: MN law enforcement ICE cooperation would be required under new bill
The backstory:
The opinion builds on a February 2025 ruling that prohibits holding individuals based solely on immigration detainers if state law requires their release.
The full opinion can be read below:
The Source: This story uses information shared in a news release from the Minnesota Attorney General's Office and previous FOX 9 reporting.