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AGENDA RECOMMENDATION |
8.A.
City Council Regular Meeting
- Meeting Date:
- 02/09/2026
Agenda Item:
Updates on Federal Immigration Enforcement
Recommendation/Action(s):
Council to provide staff direction on status of draft ordinance.
Summary:
At the January 26 City Council Meeting, the City Council passed two actions and some further requests for staff: directing staff work:
Amicus Brief
Since the meeting, staff have been working with the attorney at Kenney & Graven who will be assisting us in filing the amicus brief. We are following the recent order that was issued in this matter. A link to that order can be found here: minnesota-v-noem-1-31-2026.pdf. We have had two meetings with the attorney to review the potential information that may be used in the amicus brief. At this time, we do not have draft language to share.
Draft Ordinance
A draft ordinance has been shared with the City. We are working with our attorney to review the language and identify potential conflicts that may exist in an effort to make the ordinance most effective. For discussion, it would be most helpful for the City Council to discuss whether the intent of this ordinance is to be an “emergency ordinance” or a “regular ordinance”. Staff would recommend consideration of providing this as an emergency ordinance, which also allows it to go into effect after adoption earlier than a regular ordinance. Staff recognizes that ordinance creation is not a quick solution; this, by law, is intentional.
As a “regular ordinance”, the City may run into unintended consequences outside of federal immigration enforcement. For example, if the City were to have a mutual aid event where we need support from another agency, what happens if that agency does not have body cameras? The City does not have extras to support this possibility. Even if we did, the agency using the body cameras would need to have followed MN Law to provide authority and a policy for how their officers would use the body camera. If the City Council desired this to be an “emergency ordinance”, Section 2.15 of the City Charter, Mankato City Charter 2.15, gives the City Council the authority to meet a public emergency affecting life, health, property or the public peace. The Section goes further to state that the ordinance would expire on the 61st day following the date it was adopted. As an emergency ordinance, the unintended consequences are minimized due to the length the ordinance is in place. Also, should the City determine the emergency ordinance needs to continue, a new public hearing and implementation could be considered.
We plan to bring a draft of the ordinance to the next City Council Meeting. At that meeting, the City Attorney will also be available to review the possible legal risks associated with creating the ordinance. As the Council is aware, under the City’s statutory police power, the City has authority to create ordinances intended to protect the health, welfare and safety of individuals within its jurisdiction. However, it is key to understand the possible conflicts with other general relevant laws, and those that may be preempted by state or federal laws. At the next meeting, we will work to have the City Attorney present to be able to identify those possible conflicts and/or risks.
Grants
As was stated at the Council Meeting, the Council has authority to provide a grant to organizations for the distribution of food, MN Statute 465.039. Specifically, the City may appropriate money from the general fund or unrestricted money to provide grants to nonprofit organizations operating community food shelves that provide food to the needy without charge. In Mankato, there are three primary programs that provide food support: ECHO Foodshelf, Southern MN Food Recovery, and Feeding Our Communities Partners. Should the Council wish to make a grant to one or more of these agencies, staff would recommend using the City’s undesignated fund balance and then, throughout the year, staff will identify if there are projects or programs that can be removed to cover the amounts of the grants.
As this matter continues to be fluid and changing daily, the information provided here is what is known at the time of writing. In the event conditions change, we will advise the Council during the meeting.
- A motion directing the City Attorney and staff to prepare and file an amicus brief in relation to the State’s lawsuit against the federal government
- A motion directing staff to develop a draft of an ordinance relating to any agency outside of Mankato that was conducting law enforcement activities in Mankato to wear a body camera, be unmasked, and provide identification.
- Request to review possible grants.
Amicus Brief
Since the meeting, staff have been working with the attorney at Kenney & Graven who will be assisting us in filing the amicus brief. We are following the recent order that was issued in this matter. A link to that order can be found here: minnesota-v-noem-1-31-2026.pdf. We have had two meetings with the attorney to review the potential information that may be used in the amicus brief. At this time, we do not have draft language to share.
Draft Ordinance
A draft ordinance has been shared with the City. We are working with our attorney to review the language and identify potential conflicts that may exist in an effort to make the ordinance most effective. For discussion, it would be most helpful for the City Council to discuss whether the intent of this ordinance is to be an “emergency ordinance” or a “regular ordinance”. Staff would recommend consideration of providing this as an emergency ordinance, which also allows it to go into effect after adoption earlier than a regular ordinance. Staff recognizes that ordinance creation is not a quick solution; this, by law, is intentional.
As a “regular ordinance”, the City may run into unintended consequences outside of federal immigration enforcement. For example, if the City were to have a mutual aid event where we need support from another agency, what happens if that agency does not have body cameras? The City does not have extras to support this possibility. Even if we did, the agency using the body cameras would need to have followed MN Law to provide authority and a policy for how their officers would use the body camera. If the City Council desired this to be an “emergency ordinance”, Section 2.15 of the City Charter, Mankato City Charter 2.15, gives the City Council the authority to meet a public emergency affecting life, health, property or the public peace. The Section goes further to state that the ordinance would expire on the 61st day following the date it was adopted. As an emergency ordinance, the unintended consequences are minimized due to the length the ordinance is in place. Also, should the City determine the emergency ordinance needs to continue, a new public hearing and implementation could be considered.
We plan to bring a draft of the ordinance to the next City Council Meeting. At that meeting, the City Attorney will also be available to review the possible legal risks associated with creating the ordinance. As the Council is aware, under the City’s statutory police power, the City has authority to create ordinances intended to protect the health, welfare and safety of individuals within its jurisdiction. However, it is key to understand the possible conflicts with other general relevant laws, and those that may be preempted by state or federal laws. At the next meeting, we will work to have the City Attorney present to be able to identify those possible conflicts and/or risks.
Grants
As was stated at the Council Meeting, the Council has authority to provide a grant to organizations for the distribution of food, MN Statute 465.039. Specifically, the City may appropriate money from the general fund or unrestricted money to provide grants to nonprofit organizations operating community food shelves that provide food to the needy without charge. In Mankato, there are three primary programs that provide food support: ECHO Foodshelf, Southern MN Food Recovery, and Feeding Our Communities Partners. Should the Council wish to make a grant to one or more of these agencies, staff would recommend using the City’s undesignated fund balance and then, throughout the year, staff will identify if there are projects or programs that can be removed to cover the amounts of the grants.
As this matter continues to be fluid and changing daily, the information provided here is what is known at the time of writing. In the event conditions change, we will advise the Council during the meeting.