AG: Only county boards (not sheriffs) can sign ICE 287(g); detainers alone not lawful basis to hold
Minnesota Attorney General’s legal opinion says only county boards of commissioners—not sheriffs—may enter into ICE 287(g) agreements, noting that sheriffs may contract for police services with towns and cities but Minnesota law intentionally omits authority to contract with the federal government. The opinion, requested by Ramsey County Attorney John Choi and building on a February 2025 ruling that barred detainer-only holds when state law requires release, also makes clear 287(g) agreements do not authorize officers to detain people solely on ICE detainers and that state arrest laws govern custody.
📌 Key Facts
- Minnesota AG opinion: only county boards of commissioners — not sheriffs — may enter into ICE 287(g) agreements.
- Under Minnesota law, sheriffs may contract for police services with towns and cities but are not authorized to contract with the federal government; the statute’s omission of federal contracts is intentional.
- The opinion says 287(g) agreements do not authorize Minnesota officers to hold people solely on ICE detainers; state arrest and custody laws still govern whether someone may be held.
- The opinion builds on a February 2025 ruling that barred detainer-only holds when state law requires release.
- Ramsey County Attorney John Choi requested the AG opinion to clarify sheriffs’ authority and detainer practices.
📊 Relevant Data
Minnesota's foreign-born population reached nearly 490,000 residents in 2023, comprising 8.6% of the state's population.
The Growth and Impact of Minnesota's Foreign-Born Workforce — Minnesota Department of Employment and Economic Development
An estimated 130,000 unauthorized immigrants lived in Minnesota as of 2023, representing about 2.2% of the state population.
Mapped: Minnesota's growing unauthorized immigrant population — Axios
Undocumented immigrants have substantially lower crime rates than native-born citizens and legal immigrants across a range of felony offenses.
Comparing crime rates between undocumented immigrants, legal immigrants, and native-born US citizens in Texas — Proceedings of the National Academy of Sciences
Legal and illegal immigrants were less likely to be incarcerated than native-born Americans between 2010 and 2023.
Illegal Immigrant Incarceration Rates, 2010–2023 — Cato Institute
287(g) agreements lead to racial profiling, civil rights violations, isolation of immigrant communities, and family separations.
287(g) | Immigrant Legal Resource Center | ILRC — Immigrant Legal Resource Center
Research has shown that immigrants fear reporting crimes in places with 287(g) agreements and some neighboring jurisdictions.
Beyond ICE: State and Local Authorities B.. | migrationpolicy.org — Migration Policy Institute
📰 Sources (2)
- The opinion states only county boards of commissioners—not sheriffs—may enter into ICE 287(g) agreements.
- Sheriffs can contract for police services with towns and cities but not with the federal government; the omission of federal contracts is intentional under Minnesota law.
- 287(g) agreements do not authorize Minnesota officers to hold people solely on ICE detainers; state arrest laws still govern custody.
- Ramsey County Attorney John Choi requested the opinion to clarify sheriffs’ authority and detainer practices.
- The opinion builds on a February 2025 ruling barring detainer-only holds when state law requires release.