I, TIM PAWLENTY, GOVERNOR OF THE STATE OF MINNESOTA, by virtue of the authority vested in me by the Minnesota Constitution and applicable statutes, do hereby issue this Executive Order:
WHEREAS, illegal immigration and criminal activity related to illegal immigration continues to pose serious problems for Minnesota and the nation; and
WHEREAS, law enforcement can more effectively combat criminal activity related to illegal immigration if federal, state and local authorities work on a cooperative basis; and
WHEREAS, the federal Department of Homeland Security, Immigration and Customs Enforcement (“ICE”) have developed programs to allow state and local law enforcement officials to work cooperatively with federal ICE officials and federal law enforcement officials to combat criminal activity and the violation of federal immigration laws.
NOW, THEREFORE, I hereby order:
1. To the extent consistent with Minnesota law, the Commissioner of Public Safety, the Commissioner of Corrections and the Commissioner of Commerce will take appropriate actions and enter the necessary agreements to work cooperatively with federal officials as part of the Agreement of Cooperation in Communities to Enhance Safety and Security (ACCESS) program.
2. The Commissioners’ cooperative work with ICE and other federal officials through the ACCESS program may include, but is not limited to:
a. Immigration Cross-Designation pursuant to Section 287(g) of the federal Immigration and Nationality Act for a select number of state law enforcement officers.
b. Customs Cross-Designation pursuant to 19 United States Code, Section 1401 for a select number of state law enforcement officers to assist ICE in enforcing federal customs laws as part of ICE task force operations relating to narcotics smuggling, money laundering, human smuggling and trafficking, fraud or other illegal activity.
c. Participation by state corrections facilities in the Criminal Alien Program (“CAP”) to identify criminal aliens who are incarcerated within state.
d. Participation of state law enforcement officers in a Document and Benefit Fraud Task Force (“DBFTF”) with federal officials to target, dismantle and seize illicit proceeds from the criminal organizations that exploit the immigration process through identity theft and fraud.
e. Provide authority for appropriate state officials to work in joint operations with ICE and other federal officials on matters involving asset forfeiture.
f. Participation in Operation Community Shield, a national law enforcement initiative to cooperatively address violent transnational gangs, narcotics and human smuggling, money laundering and racketeering violations.
g. Participation in Operation Predator to cooperatively work with ICE on investigations designed to identify, investigate, and, deport child predators.
Pursuant to Minnesota Statutes 2006, Section 4.035, Subdivision 2, this Executive Order will be effective fifteen (15) after publication in the State Register and filing with the Secretary of State and will remain in effect until is rescinded by proper authority or it expires in accordance with Minnesota Statutes 2006, Section 4.035, Subdivision 3.
IN TESTIMONY WHEREOF, I have set my hand this seventh day of January, 2008.
