Plain English Breakdown
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SF5074 • 2026
Employer requirement to provide notice to employees of federal immigration inspection
Employer requirement to provide notice to employees of federal immigration inspection
Labor
Passed Legislature
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Bill History
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2026-04-13
House
Introduction and first reading
Official Summary Text
Employer requirement to provide notice to employees of federal immigration inspection
Current Bill Text
Read the full stored bill text
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; new text end 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