Minnesota E-Verify Rules: No Statewide Mandate for Employers

Minnesota has not enacted legislation requiring private employers to enroll in or use the federal E-Verify program. Federal Form I-9 employment eligibility verification under 8 U.S.C. 1324a remains the universal requirement for all Minnesota employers. State contractors are not subject to a blanket E-Verify mandate, although individual procurement solicitations may impose E-Verify clauses. Minnesota's wage and worker protection statutes in Minn. Stat. chapter 181 prohibit retaliation related to employment eligibility complaints, and Minn. Stat. 181.985 addresses identity-based discrimination. Local governments cannot impose E-Verify mandates that conflict with the federal-state framework, and immigration-related employment rules remain primarily federal.

Employers misusing E-Verify or discriminating based on national origin or citizenship status during hiring may face federal Immigrant and Employee Rights Section enforcement and state human rights claims.