Freeborn County Board directs attorneys to respond to ACLU 287(g) lawsuit after closed session

The Freeborn County Board of Commissioners met in a special session Wednesday, Jan. 7, 2026, and after an attorney–client closed session directed the county attorney's office to issue a response to litigation involving the American Civil Liberties Union and a matter described in the transcript as a 287(g) lawsuit, the chair said.

The hearing opened with the Pledge of Allegiance and a procedural motion to approve the meeting agenda. "Motion entered by Commissioner Casa," the chair said, and Commissioner Ekstrom "seconded." The motion passed by voice vote; the transcript records the board responding "Aye," and individual vote tallies were not specified in the record.

Before the closed session the chair said she and Senator Dornick had spoken and asked that any questions for the Department of Natural Resources be collected and sent to Melanie or the chair so the senator could try to obtain answers. The chair then announced the board would go into closed session "pursuant to Minnesota Statute 13D.05, subd. 3(b)" to receive attorney–client privileged communications related to legal matters involving an ACLU 287(g) lawsuit.

At 9:22 a.m. the board reconvened. "After attorney client consultation, we have directed the attorney's office to proceed with issuing a response to litigation," the chair said. With no further comments or questions, the chair adjourned the special meeting.

The transcript records the board's direction to county attorneys; it does not record the content of the closed session discussion, the text of the response to be issued, nor any vote tally beyond the earlier voice approval of the agenda. No additional procedural steps or deadlines were stated during the open session.