SF5074

Purpose

This bill adds requirements for employers related to federal immigration inspections of employees’ work eligibility. It creates rules for informing workers about inspections, limits access to nonpublic areas, and imposes civil penalties for noncompliance. It also directs the state to provide a template notice for employers to use.

Key terms and definitions (as used in the bill)

• Employment eligibility verification records: includes Form I-9 and related records required by federal law (U.S. Code title 8 section 1324a) and any other documents about employees’ work eligibility.
  
• Form I-9: The document used to verify an employee’s identity and work authorization.
  
• Federal immigration agency: includes ICE (Immigration and Customs Enforcement), CBP (Customs and Border Protection), and other federal agencies enforcing employment eligibility.
  
• Affected employee: an employee identified by a federal immigration agency during an inspection as potentially lacking work authorization or having deficiencies in their work-authorization documents.
  
• Authorized collective bargaining representative: the employee’s union or other bargaining representative, if any.

Main Provisions

1) Notice of federal immigration worksite inspections (Section 181.9671) - Employers must notify each current employee within 72 hours of receiving notice of an inspection of employment eligibility verification records by a federal immigration agency.
- Written notice must also go to the employee’s authorized collective bargaining representative (if any).
- The notice must be in the language the employer normally uses to share employment information.
- The notice must include: the name of the agency conducting the inspection, the date the employer received notice, the nature of the inspection (to the extent known), and a copy of the notice the employer received from the federal agency.
- By August 1, 2026, the Minnesota Department of Labor and Industry must post a notice template to help employers comply.

2) Deficiency notice (Section 181.9671, Deficiency notice) - When results are available, the employer must provide each current affected employee and their bargaining representative (if any) a copy of the inspection results within 72 hours of receiving the results.
- The notice must be limited to the affected employee and include: a plain-language description of any deficiencies or other items found, the time period to correct deficiencies, the time and date for any corrective meeting, and the employee’s right to representation during meetings.
- Delivery must be by hand at the workplace if possible; if not, by mail and email if the employee’s email address is known (and shared with the bargaining representative if applicable).

3) Penalties for failure to provide notices (Section 181.9671, Penalty) - A first violation can incur a civil penalty of $2,000 to $5,000.
- Each subsequent violation can incur a civil penalty of $5,000 to $10,000.

4) Immigration agents prohibited from workspace (Section 181.9672) - Definitions used in 181.9671 apply here.
- Employers may not knowingly grant a federal immigration agent access to a nonpublic area of the workplace unless the agent presents a valid judicial warrant or court order authorizing entry.
- Nonpublic areas include places not open to the general public, such as employee work areas, storage areas, offices, and employee-only facilities.
- Before allowing access, the employer or their representative must check the warrant or court order to ensure it is signed by a judge or magistrate and specifically authorizes entry into the workplace.
- Violating this section carries a civil penalty of $2,000 to $5,000 for a first violation and $5,000 to $10,000 for each subsequent violation.

Compliance implications and effects

• Employers must track and manage multiple notification timelines (within 72 hours of notice receipt; distribution to employees and bargaining representatives; later deficiency notices).
  
• Written and language-appropriate communications are required to ensure employees understand inspections and their rights.
  
• Employers must coordinate with labor representatives when applicable and provide opportunities for employees to have representation during meetings related to inspection findings.
  
• Access to the workplace by federal immigration agents is tightly restricted without proper warrants, reinforcing a layer of protection for nonpublic areas.

Significant changes to existing law

• Creates new Minnesota Statutes provisions (sections 181.9671 and 181.9672) to regulate how and when employers notify employees about federal immigration inspections and how access to nonpublic areas is handled.
  
• Establishes specific timelines, notice content requirements, and penalties for noncompliance.
  
• Establishes a state-level mechanism (including a department-posted notice template) to standardize employer compliance.

Practical takeaway for employers and employees

• Employers should prepare a clear, multilingual notice process and ensure timely communication to employees and bargaining representatives when a federal inspection is announced.
  
• Employers need to keep records of notices, copies of inspection notices, and any deficiency notices, and they should document how they handle meetings and employee representation.
  
• Employers must review any warrants or orders carefully before granting access to nonpublic areas.
  
• Employees should know their rights to receive notices and to have representation during any meetings related to immigration inspection findings.

Relevant Terms

employment eligibility verification records; Form I-9; I-9; United States Immigration and Customs Enforcement; ICE; United States Customs and Border Protection; CBP; federal immigration agency; inspections; affected employee; notice; deficiency notice; collective bargaining representative; nonpublic area; judicial warrant; court order; civil penalty; Aug. 1, 2026; Minnesota Department of Labor and Industry; notice template.