Minnesota State Immigration Laws

Federal agencies primarily enforce immigration laws. But states have their own rules that affect the daily life of immigrants and the services they can access. These rules and regulations vary by state. It’s essential to know your rights under immigration laws. This is particularly true for immigrants facing potential deportation or removal.

This article outlines Minnesota immigration laws. It highlights the obligations of immigrants and non-U.S. citizens in Minnesota and how state-specific immigration laws apply to them. Topics discussed are:

• Law enforcement and immigration in Minnesota
• Employment and immigration
• Driver’s license/ID requirements
• Public benefits restrictions
• Education checks
• Voting ID rules
• Housing ordinances and immigration
• Related resources
• How an immigration attorney can help

State and federal immigration laws interact in complex ways. An immigration attorney near you can provide up-to-date legal information and explain available protections.

Law Enforcement and Immigration in Minnesota

Federal immigration authorities primarily enforce immigration laws. The agencies that enforce immigration laws are:

• U.S. Department of Homeland Security (DHS)
• U.S. Citizenship and Immigration Services (USCIS)
• U.S. Immigration and Customs Enforcement (ICE)
• U.S. Customs and Border Protection (CBP)

There are state agencies that help them enforce immigration laws locally. In 2017, “Secure Communities” was in effect. This program sought to make enforcement of immigration laws more efficient. The DHS shared data about arrested or imprisoned individuals with the Federal Bureau of Investigation (FBI). This information was then used to verify the person’s immigration status and assess their potential for deportation or removal.

But President Joe Biden revoked “Secure Communities” in January 2021. ICE still has a program that replaces “Secure Communities“: the Criminal Apprehension Program (CAP), which only checks the status of convicted people. CAP supports the Enforcement and Removal Operations (ERO) of ICE. The program emphasizes protecting U.S. communities by identifying, arresting, and removing incarcerated and at-large non-U.S. citizens.

Minnesota Employment Checks and E-Verify Requirements

E-Verify is a federal system employers may use to check the employment eligibility of their employees. The federal government, through the DHS, administers the program. Minnesota requires employers to use this system. 

The requirement applies to vendors and sub-contractors with contracts above $50,000.

Driver’s License and ID Requirements

Minnesota allows immigrants without documentation to get driver’s licenses. This became law with Minnesota House Bill 4, or the “Driver’s License for All Bill,” signed on March 7, 2023. This bill allowed people to get identification cards and driver’s licenses, regardless of their immigration status.

The state only requires people getting a driver’s license to meet specific qualifications. This includes proof of:

• Minnesota residency
• Identity
• Date of birth

Deferred Action for Childhood Arrivals (DACA) recipients may also get a state ID or driver’s license.

Public Benefits Restrictions

Immigrants without documentation in Minnesota can use the following benefits:

• Nutrition Program for Women, Infants, and Children (WIC)
• Emergency Medicaid
• Prenatal care
• Family and Medical Leave Act
• Emergency shelter

The public benefits available vary depending on immigration status. The National Immigrant Women’s Advocacy Project has a detailed chart of public benefits available.

Education Benefits for MN Immigrants

A large number of the foreign-born population in Minnesota are refugees. As of 2014, the state has the highest concentration of Hmong people per capita. Minnesota has been a refuge for most Hmong people since the mid-1970s. This happened following the communist takeover in Laos.

Minnesota also has the largest Somali population in the U.S.

Due to these changes in demographics, education became a rising concern. So, the Minnesota legislature passed the Minnesota Dream Act.

Minnesota has a Prosperity Act or “Dream Act,” which covers higher education for immigrants living here illegally and DACA recipients. The Minnesota legislature signed it into law on May 23, 2013. It granted immigrants without documentation and DACA recipients access to in-state tuition. They still must meet certain requirements to access this tuition rate, including:

• Attended high school in Minnesota for at least three years
• Graduated from high school in Minnesota or earned a GED
• Registered with the U.S. Selective Service
• Proof that they applied for lawful immigration status when they could

Some universities and colleges in Minnesota offer in-state tuition regardless of immigration status or home state.

Voting ID Rules

In Minnesota, registered voters do not have to show a photo ID to vote. But if a voter hasn’t voted in the past four or more years, proof of residency might be required.

Below are the acceptable forms of identification:

• Driver’s license
• State ID
• U.S. passport
• U.S. military ID
• Tribal ID
• Minnesota university or college ID
• Minnesota high school ID

Housing Ordinances and Immigration

The Fair Housing Act protects a person’s right to fair housing. The Act prohibits discrimination in the rental, sale, and financing of dwellings, as well as in other housing-related matters. The Act protects all people, regardless of their immigration status.

Immigration in Minnesota: Related Resources

Several legal resources and organizations in Minnesota offer immigration legal assistance:

• American Immigration Lawyers Association (AILA) — An association of attorneys who teach and practice immigration law. It offers help with various legal matters and supports asylum seekers, foreign students, and athletes.
• American Immigration Council (AIC) — The council brings together various professionals who work to protect immigrant rights. They proactively serve migrants and noncitizens in immigration detention and help achieve justice.
• Immigrant Law Center of Minnesota (ILCM) — A nonprofit organization that offers help to immigrants who are victims of domestic violence. It also gives immigration legal services to refugees and low-income immigrants in Minnesota.
• LawHelpMN (Minnesota Legal Services Coalition) — They offer referrals and connect immigrants to organizations that can give legal help. This includes providing legal advice, legal representation, or consultation over the phone.
• Know Your Rights — This is a free fact sheet for immigrants and their family members on protecting themselves during immigration raids.
• FindLaw Immigration Law Resources — An informational hub with free access to articles about immigration law. Learn about the naturalization process, lawful permanent resident application, and the basics of immigration rights and immigration enforcement.

Learn About Your Rights as an Immigrant in Minnesota: Seek Legal Help

Navigating both federal and state immigration laws can be overwhelming. Every immigration case is unique, and state laws may affect how certain immigration rules are applied. This is why legal advice from an immigration lawyer can be a critical support.

An immigration attorney can give you legal advice tailored to your case. They offer a wide range of legal services related to immigration laws, including:

• Processing of lawful permanent resident status
• Getting U.S. citizenship through naturalization
• Getting an employment permit or work visa
• Legal representation in immigration court
• Other immigration law matters

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.

FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in Minnesota. Enter your city or ZIP code 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.