HF4836

Purpose

The bill aims to increase notice and protections around federal immigration inspections of worksite records and to limit immigration agents’ access to nonpublic areas of workplaces. It creates requirements for employers to inform employees about inspections, provide copies of inspection results, and follow certain procedures, while also restricting agents’ entry to nonpublic areas unless a valid warrant is presented. It also establishes penalties for noncompliance.

Key Provisions

• Notice of federal immigration worksite audits

  • When federal immigration agencies (such as ICE or CBP) conduct inspections of employment eligibility verification records, employers must notify every current employee within 72 hours, in the language the employer uses for work information.
  • Written notice must also be provided to any authorized collective bargaining representative within 72 hours.
  • The notice must include: the name of the immigration agency, the date the employer received the inspection notice, the nature of the inspection (to the extent known), and a copy of the notice given to the employer by the agency.
  • By August 1, 2026, the Minnesota Department of Labor and Industry must post a notice template to help employers comply.

• Deficiency notice to employees

  • Within 72 hours of receiving the results of the inspection, employers must give each affected employee (and their bargaining representative, if any) a copy of the results notice.
  • The deficiency notice must relate only to that employee and include: a plain-language description of any deficiencies, the time frame to correct deficiencies, the date and time of any meeting to address the deficiencies, and that the employee can have representation at the meeting.
  • Delivery should be by hand at the workplace if possible; if not possible, delivery can be by mail and email if the employee’s email address is known.

• Penalties for noncompliance

  • First violation: civil penalty of $2,000 to $5,000.
  • Each subsequent violation: civil penalty of $5,000 to $10,000.

• Immigration agents prohibited from workspace

  • Immigration agents are not allowed to enter a nonpublic area of a workplace without a valid judicial warrant or court order.
  • 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 its representative must check that the warrant is signed by a judge or magistrate and specifically authorizes entry into the place of business.
  • Violating this provision carries a civil penalty of $2,000 to $5,000 for the first violation and $5,000 to $10,000 for each subsequent violation.

Definitions (selected)

• Affected employee: an employee identified by a federal immigration agency inspection as potentially lacking work authorization or whose work authorization documents have deficiencies.
• Employer: as defined in relevant Minnesota law.
• Employment eligibility verification records: includes forms required under federal law, such as Form I-9, and any other records related to employment eligibility.
• Federal immigration agency: includes agencies like INS (ICE), CBP, or other federal bodies enforcing employment eligibility verification.
• Nonpublic area: any place of business not open to the general public (e.g., work areas, storage areas, offices, employee-only facilities).

Significance and How it Changes Current Law

• Adds a formal, timely notice requirement to inform employees about federal immigration inspections and to share results of those inspections.
• Establishes a clear process for communicating deficiencies and provides employees with the right to representation during corrective meetings.
• Introduces mandatory notice templates to standardize compliance.
• Introduces specific penalties for noncompliance by employers.
• Places explicit restrictions on immigration agents’ access to nonpublic areas, requiring warrants and proper verification, with penalties for violations.
• Overall, it strengthens employee awareness and protections during immigration-related inspections and tightens controls on access to private workspaces.

Practical Implications

• Employers will need to track inspection notices from federal agencies and ensure timely, multilingual communication to all employees and bargaining representatives.
• Employers should establish procedures for distributing deficiency notices, documenting delivery (hand delivery preferred), and arranging meetings with employees.
• Businesses should prepare for potential penalties by documenting compliance efforts and maintaining records of notices and comparisons to the required notice templates.
• Employers must train HR and supervisors on how to handle inquiries from immigration agents and the proper process for granting access to nonpublic areas only with a valid warrant.

Relevant Terms employment eligibility verification records Form I-9 federal immigration agency ICE (Immigration and Customs Enforcement) CBP (Customs and Border Protection) nonpublic area notice of inspection deficiency notice civil penalty affected employee employer notice template collective bargaining representative