Michigan State Immigration Laws

States have their own rules that determine what services and benefits immigrants can access and how they engage with state systems. States also have a significant say in how they enforce immigration laws. These rules and regulations vary by state. 

This article outlines immigration rules and policies in the state of Michigan. Learn more about:

• Law enforcement and immigration in Michigan
• Michigan employment check and E-Verify requirements
• Driver’s license and ID requirements
• Public benefit restrictions
• Educational benefits
• Housing ordinance and immigration
• How an immigration lawyer can help

Immigration rules continue to evolve. Anyone facing an immigration issue in Michigan should speak with a local immigration attorney for up‑to‑date guidance.

Law Enforcement and Immigration in Michigan

It’s essential to understand how federal law enforcement and local law enforcement officials interact to enforce immigration laws.

Federal immigration authorities typically handle immigration enforcement. But an increasing number of local and county law enforcement officials are now helping with this. They are also starting to investigate or pursue suspected immigration-related offenses. Federal and local law enforcement officials may coordinate efforts to address potential immigration violations.

The “Secure Communities” federal program once required that all arrestees’ names be entered into a database. The database was used to check immigration statuses. Former President Donald Trump renewed the program by executive order in 2017. But President Joe Biden revoked that executive order in 2021.

Today, another program is in effect. The Criminal Apprehension Program doesn’t apply to arrestees. It only applies to people convicted of crimes. When people are convicted, their information is entered into the database, which then checks their immigration status.

Information in this system may be shared with:

• The Federal Bureau of Investigation (FBI)
• The Department of Homeland Security (DHS)
• U.S. Immigration and Customs Enforcement (ICE)

Employment Checks

Under federal law, employers should refer to federal employment eligibility verification rules. They should also refer to the Form I-9 requirements.

Michigan E-Verify Requirements

Most Michigan employers do not have to use the E-Verify system to check the immigration statuses of applicants or employees. But in state transportation jobs, applicants and workers must undergo these checks before hiring contractors or subcontractors. The following three counties do those employment-based checks:

• Ingham County
• Macomb County
• Oakland County

Driver’s License and ID Requirements

Generally, applicants for a new driver’s license or ID must show documents with their Social Security number. Applicants can show proof of legal presence in the United States. They must also prove Michigan residency.

See the Michigan Department of State website for more information. It details the specific types of documents required for each category.

Public Benefits Restrictions

Under federal law, most immigrants can’t get most public benefits. But they can get emergency services. They are also allowed to get health care and other programs that are “necessary to protect life and safety.”

Education Restrictions and Tuition Costs

Michigan law doesn’t dictate whether state schools must charge students without documentation in-state or out-of-state tuition. But some colleges in the state offer reduced tuition to qualifying students. They may also offer this to Deferred Action for Childhood Arrivals (DACA) recipients and U visa holders.

DACA protects eligible young adults from deportation after their parents brought them to the United States as children. It also gives these young adults work authorization for limited periods. Those periods of work authorization are renewable. 

U visas are available to victims of human trafficking and grant temporary protected status. Those in Michigan under a U visa can get in-state tuition.

If you’re a victim of domestic violence, you can seek a green card under the Violence Against Women Act (VAWA). If you think a U visa or VAWA applies to you, an immigration attorney can guide you through the process.

Voting ID Rules

Michigan has a strict photo ID law requiring voters to present a driver’s license or state ID card. Other acceptable forms of ID include:

• Passport
• Another current state ID
• Student ID card
• Military ID

A voter who does not have one of the acceptable types of ID can still vote but must sign an affidavit.

Housing Ordinances and Immigration

In Michigan, landlords are not required to check the immigration statuses of applicants or tenants.

A Lawyer Can Help With Your Immigration Issue 

The U.S. immigration system can be confusing and overwhelming. It’s natural to feel lost in the process. Seeking legal assistance from an immigration lawyer can be a crucial source of guidance in any immigration process, including:

• Facing a possible deportation or removal proceedings in immigration court
• Pursuing a visa or U.S. citizenship.
• Facilitating communications with U.S. Citizenship and Immigration Services (USCIS)
• Going through naturalization or adjustment of status

FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in Michigan. Enter your city or ZIP code—whether you’re in Kalamazoo, Lansing, Detroit, or elsewhere in the state—for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.

Free or Reduced Cost Legal Help May Be Available

If you can’t afford an attorney, you still have options. Some attorneys work pro-bono, meaning they provide their legal services for free.

Also, many nonprofit organizations offer free or low-cost legal services. Contact Michigan State Legal Aid or the Michigan Immigrant Rights Center if you need more help accessing legal assistance. Advocacy and legal services are often available in Spanish.

Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.