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HF 4972

Civil arrests for persons attending court proceedings prohibited, and civil remedies provided.

2025-2026 Regular Session Introduced by Shelley Buck and 6 co-sponsors

Prohibits civil arrests of court attendees and allows damages up to $10,000 per incident plus relief for violations, effective Aug 1, 2026.

Author added Freiberg
#courts #legalproceedings
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WeVote Research Nonpartisan
Bill Summary · HF 4972

Summary of HF 4972 (2025-2026) — Civil arrests for persons attending court proceedings prohibited; civil remedies provided

Purpose and intent

HF 4972 seeks to prohibit civil arrests of individuals who are attending court proceedings and to provide civil remedies for violations of that prohibition. The bill defines civil arrest in a narrow way and creates a targeted protection for parties, witnesses, potential witnesses, and court companions attending or traveling to or from court proceedings. It also adds new civil liability for violations and clarifies related legal standards and defenses.

Key provisions

Definitions (New Chapter 480C)

  • Civil arrest: Defined as taking a person into custody for an alleged civil immigration violation or brief stops to serve removal-related documents (e.g., Form I-862). The definition excludes arrests for criminal violations, probation/parole conditions, or arrests supported by a judicial warrant or order.
  • Court companion: Broadly defined to include spouses, domestic partners, family members, interpreters, health care providers, case managers, social workers, advocates, and others who assist a party or witness, or transport one to/from court.
  • Court proceeding: Covers civil, criminal, and certain administrative proceedings before courts (state or administrative tribunals, including specialized courts such as CAH, WCAB, Tax Court).
  • Judicial warrant: Written orders from a court directing arrest of a named individual.
  • Law enforcement agency: Any entity authorized to enforce laws and make arrests.

Civil arrest prohibition and locations (New Chapter 480C)

  • Privilege from civil arrest: Anyone attending a court proceeding as a party, witness, potential witness, or court companion is protected from civil arrest while:
    • Going to, remaining at, and returning from the court proceeding.
    • While on the premises of the court, including the courthouse building, parking facilities, sidewalks, and within 1,000 feet of the courthouse (public sidewalks, parkways, streets).
    • This protection applies whether the court proceeding is in person or remote.
  • Construction: The privilege does not narrow other rights; it coexists with existing arrest powers. Protection applies regardless of whether a judicial order is issued.
  • Criminal law remains unaffected: The section does not preclude criminal arrests or warrants based on probable cause for criminal violations.
  • Court orders: Courts may issue orders to protect the privilege from civil arrest as needed to maintain access and orderly proceedings.

Civil action and remedies (Section 480C.03)

  • Damages for violations: A person who violates the civil arrest prohibition is liable for civil damages, including:
    • Actual damages and statutory damages of $10,000 per incident, if the arresting individual knew or reasonably should have known the arrested person was a party, witness, potential witness, or court companion heading to, at, or returning from a court proceeding.
  • Equitable relief: Courts may grant other appropriate relief (declaratory or injunction-type relief).
  • Costs and attorney fees: Prevailing plaintiffs may recover costs and reasonable attorney fees.
  • Effective date: August 1, 2026, applying to causes of action accruing on or after that date.

Liability limitations and defenses (Section 480C.04)

  • The act does not authorize actions against the judicial branch or personnel acting within their duties to maintain safety and order.
  • The bill preserves existing rights and defenses, including qualified immunity, for officers and court personnel acting lawfully.

Related enforcement (Section 629.30 amendment)

  • Arrest authority clarification: Expands or clarifies who may arrest, including private persons, under certain conditions, while ensuring civil arrest prohibition is respected. Notably, it allows certain federal immigration enforcement actions without a warrant except as restricted by 480C.02.

Who is affected

  • Individuals attending court proceedings as parties, witnesses, potential witnesses, or court companions.
  • Court staff, security personnel, and law enforcement agencies responsible for maintaining safety and order.
  • Private individuals who might be involved in attending court proceedings (including family members, interpreters, advocates, and supporters).
  • Parties and entities seeking civil remedies for violations of the civil arrest prohibition.

Procedural and timeline aspects

  • The civil-arrest prohibition provisions become effective August 1, 2026, with retroactive applicability limited to actions accruing on or after that date.
  • Courts may issue protective orders or other judicial directives to safeguard access and minimize interference with judicial proceedings.
  • Civil damages and remedies are available only to successful plaintiffs in actions alleging violation of the civil arrest prohibition.

Practical impact

  • Reduces the risk of civil (non-criminal) arrests for individuals linked to court proceedings, reinforcing court access and safety for participants.
  • Establishes a clearly defined damages framework (including a statutory $10,000 damages cap per violation) to deter improper civil arrests.
  • Maintains the ability to pursue criminal arrests and warrants where applicable.
  • Provides a framework for court-based protections and potential civil relief to address violations.

If you’d like, I can tailor this summary for a specific audience (e.g., policymakers, legal practitioners, or the public) or compare HF 4972 to current Minnesota law and nearby jurisdictions.

Compiled from official sources — confirm details with the bill’s official record.

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