Statement on BAR Recommending Continued Compliance with Minnesota Statutes by Hennepin County Elected Officials
Today, the Hennepin County Board approved a revised version of 26-0069: “Reaffirm Commissioner Oath of Office; recognize the U.S. Constitution and the Bill of Rights; reaffirm existing Hennepin County policies; support existing HCSO policy and recommend continued compliance with Minnesota statutes - Offered by Commissioner Fernando”
The BAR has three key objectives:
Document facts and experiences related to Operation Metro Surge
This BAR follows a Board Action Request Passed unanimously on Jan 27, 2026 which outlined the impacts of Operation Metro Surge, denounced the violent and unlawful actions by federal agents, and called for the removal of ICE and CBP personnel and assets from Minnesota.
Today marks day 74 of the Operation Metro Surge, as well as an announcement from Tom Homan naming an intent to formally conclude the operation. This action follows at least four occasions when ICE agents arrested individuals at Hennepin County buildings housing state courtrooms, including two arrests at the Hennepin County Government Center skyway level on February 5, 2026 and February 10, 2026.
Communicate accurate information regarding lawful and compliant cooperation, and clarify distinct authorities between elected County Board and elected Sheriff
The BAR acknowledges the Office of the Minnesota Attorney General published a formal legal opinion on February 6, 2025, that concluded: “Minnesota law prohibits state and local law enforcement agencies from holding someone based on an immigration detainer if the person would otherwise be released from custody.”
The BAR makes it clear that only the County Board can enter into Section 287(g) agreements and a Basic Ordering Agreement (BOA). Further, the Minnesota Attorney General has stated that “Sheriffs’ powers are defined by state law and do not include the ability to enter cooperative agreements with the federal government,” stating instead that such agreements require approval of the county board.
This means that elected Sheriffs do not have unilateral authority to enter into contracts on behalf of the County, including Section 287(g) agreements and BOA with the federal government.
The BAR also accurately notes that Hennepin County Sheriff has not requested the County Board to approve a Section 287(g) agreement or BOA, and the County Board has not approved a Section 287(g) agreement or BOA.
Reaffirm existing policies
Since this is the first Board meeting since the direction to County Administration regarding community response to the expansive federal presence, the action reaffirms support to staff and community who are witnessing and experiencing the onslaught of federal agents in the County. It also recognizes the commendable and timely establishment of Operation Reconnect by County Administration, and expresses gratitude to workers and providers who remain steadfast in delivering services, connection, and care for every resident, regardless of background, language, or circumstance with a person-centered and trauma-informed methodology.
The action further affirms that Hennepin County Board supports the Hennepin County Sheriff’s existing policy with respect to federal immigration enforcement and urges the Sheriff to not make substantive changes to the policy nor voluntarily increase cooperation with federal immigration enforcement.
The BAR also urges ICE to refrain from civil immigration enforcement actions in or near courthouses and reaffirms the existing Hennepin County Security policy that prohibits Security Officers from cooperating with ICE agents, except as required by law.
Finally, BAR affirms the Hennepin County Board’s commitment to public safety, legal due process, and the protection of civil rights in all discussions involving federal immigration enforcement operations and local law enforcement participation.
Minnesotans across the state and our brave Hennepin County residents are still experiencing Operation Metro Surge – and that continues to cause grave harm, ongoing distress, and disruption. Hennepin County is committed to supporting residents and will continue to monitor the promised downturn of the operation by the Federal government.
Find a summary of responsive services, partner resources, and county policies and actions on Hennepin County’s Operation Reconnect website.