HF 4836

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/10/2026 10:26 a.m.

A bill for an act
relating to employment; requiring an employer to provide notice to employees of
federal immigration inspection; prohibiting employers from allowing federal
immigration into nonpublic work areas; imposing penalties; proposing coding for
new law in Minnesota Statutes, chapter 181.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [181.9671] NOTICE OF FEDERAL IMMIGRATION WORKSITE
AUDITS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Affected employee" means an employee identified by a federal immigration agency
inspection to potentially lack work authorization or whose work authorization documents
have been identified to have deficiencies.
new text end

new text begin (c) "Employee" has the meaning given in section 363A.03, subdivision 15.
new text end

new text begin (d) "Employer" has the meaning given in section 363A.03, subdivision 16.
new text end

new text begin (e) "Employment eligibility verification records" includes:
new text end

new text begin (1) forms required under United States Code, title 8, section 1324a, including Form I-9;
and
new text end

new text begin (2) any other records relating to the employment eligibility of employees.
new text end

new text begin (f) "Federal immigration agency" means:
new text end

new text begin (1) United States Immigration and Customs Enforcement;
new text end

new text begin (2) United States Customs and Border Protection; or
new text end

new text begin (3) any other federal agency conducting investigations or enforcement relating to
employment eligibility verification under federal immigration law.
new text end

new text begin Subd. 2. new text end

new text begin Inspection notice required. new text end

new text begin (a) Except as otherwise required by federal law,
an employer shall provide notice to each current employee in the language the employer
normally uses to communicate employment-related information to the employee of any
inspections of employment eligibility verification records conducted by a federal immigration
agency within 72 hours of the employer's receipt of the notice of the inspection. Written
notice shall also be given to the employee's authorized collective bargaining representative,
if any, within 72 hours of the employer's receipt of the notice.
new text end

new text begin (b) Notice under paragraph (a) must include:
new text end

new text begin (1) the name of the immigration agency conducting the inspection of employment
eligibility verification records;
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new text begin (2) the date the employer received notice of the inspection;
new text end

new text begin (3) the nature of the inspection, to the extent known; and
new text end

new text begin (4) a copy of the notice of the inspection to be conducted that was given to the employer
by the federal immigration agency.
new text end

new text begin (c) On or before August 1, 2026, the commissioner of labor and industry must post on
the department's website a notice template that employers may use to comply with this
section.
new text end

new text begin Subd. 3. new text end

new text begin Deficiency notice. new text end

new text begin (a) An employer must provide each current affected employee
and the employee's authorized collective bargaining representative, if any, a copy of the
written federal immigration agency notice that provides the results of the inspection of
employment eligibility verification forms within 72 hours of the employer's receipt of the
notice of the results. The notice must relate to the affected employee only and include:
new text end

new text begin (1) a plain-language description of the contents of the deficiencies or other items identified
in the notice of results;
new text end

new text begin (2) the time period for correcting any potential deficiencies;
new text end

new text begin (3) the time and date of any meeting with the employer to correct any potential
deficiencies; and
new text end

new text begin (4) notice that the employee has the right to representation during any meeting scheduled
with the employer regarding the notice of results.
new text end

new text begin (b) The notice required in this subdivision must be delivered by hand at the workplace
if possible and, if hand delivery is not possible, by both mail and email, if the email address
of the employee is known, to the affected employee and the employee's authorized collective
bargaining representative, if any.
new text end

new text begin Subd. 4. new text end

new text begin Penalty. new text end

new text begin An employer who fails to provide the notices required by this section
is subject to a civil penalty of not less than $2,000 and up to $5,000 for a first violation and
not less than $5,000 and up to $10,000 for each subsequent violation.
new text end

Sec. 2.

new text begin [181.9672] IMMIGRATION AGENTS PROHIBITED FROM WORKSPACE.
new text end

new text begin (a) For purposes of this section, the definitions in section 181.9671, subdivision 1, apply.
new text end

new text begin (b) An employer must not knowingly grant a federal immigration agent access to a
nonpublic area of the employer's place of business unless the agent presents a valid judicial
warrant or court order authorizing entry. For purposes of this section, "nonpublic area"
means any place of business that is not open to the general public, including but not limited
to employee work areas, storage areas, offices, and employee-only facilities.
new text end

new text begin (c) Before permitting access to a nonpublic area, the employer or the employer's
authorized representative must review the judicial warrant or court order to confirm that:
(1) it is signed by a judge or magistrate; and (2) it specifically authorizes entry into the place
of business.
new text end

new text begin (d) An employer who violates this section is subject to a civil penalty of not less than
$2,000 and up to $5,000 for a first violation and not less than $5,000 and up to $10,000 for
each subsequent violation.
new text end