Immigration Laws in Minnesota (2026): How the State Really Works

Most people don’t realize how much Minnesota’s immigration laws changed in the past few years. Seriously. The state passed some of the most progressive immigrant-friendly laws in the country. Then some got rolled back. Then federal enforcement ramped up. It’s been a whirlwind.

This guide breaks down exactly what you need to know. We’ll cover driver’s licenses, healthcare, sanctuary policies, and what happens when federal and state laws clash. Stay with me here.

What Makes Minnesota Different on Immigration?

Minnesota doesn’t control federal immigration law. That’s the job of U.S. Immigration and Customs Enforcement (ICE). But states can decide how much they cooperate with federal enforcement. They can also set their own rules about who gets state benefits.

Minnesota chose to be pretty welcoming. At least for a while.

The state passed laws letting undocumented immigrants get driver’s licenses. It expanded healthcare to cover people regardless of immigration status. It protected people from having local police act like immigration agents.

But here’s the thing. Politics change. Budgets get tight. And in 2025, some of those protections started disappearing.

Driver’s License Laws

Who Can Get a License?

Since October 1, 2023, any Minnesota resident can apply for a driver’s license. Your immigration status doesn’t matter. You don’t need to prove you’re here legally.

This reversed a 2003 rule that required proof of legal residence. For 20 years, undocumented immigrants couldn’t get licenses. That changed when Governor Tim Walz signed the “Driver’s Licenses for All” bill in March 2023.

About 81,000 undocumented Minnesotans became eligible overnight.

How the Application Process Works

You still need to pass all the normal requirements. You take a written knowledge test. You get a learner’s permit. You practice driving for three months if you’re 19 or older. Six months if you’re younger. Then you take a road test.

The difference? The Department of Public Safety (DPS) can’t ask about your immigration status. They can’t share your information with ICE. Your data stays private.

Pretty straightforward, right?

What You Need to Apply

You must prove your identity. That means documents like a foreign passport, consular ID, or birth certificate. Documents in other languages need English translations.

You must prove you live in Minnesota. Utility bills, lease agreements, or bank statements work for this.

You must pass the vision test, written test, and driving test.

Wondering if this applies to you? If you live in Minnesota and can pass the tests, you can get a license. No exceptions for immigration status.

Privacy Protections

This part is important. Minnesota law strictly limits how DPS can share your information. They cannot share data about your citizenship or immigration status with federal immigration enforcement. They cannot share your information with agencies that primarily enforce immigration law.

Your application information is private data. Period.

Healthcare Access Laws

MinnesotaCare Coverage (The Complicated Part)

Okay, pause. This one’s confusing because the rules just changed.

In January 2025, Minnesota expanded MinnesotaCare to cover undocumented immigrants. MinnesotaCare is the state’s health insurance program for low-income people. For the first time in decades, immigration status didn’t matter.

About 20,000 undocumented immigrants enrolled in the first few months.

Then the money problems started. The state faced a $6 billion budget deficit. Republicans wanted the program cut. Democrats were divided.

In June 2025, the legislature voted to end coverage for undocumented adults. Here’s what happened.

Current Healthcare Rules

As of January 1, 2026, undocumented adults age 18 and older cannot get MinnesotaCare. If you had coverage in 2025, it ended December 31.

Children under 18 still qualify. Regardless of immigration status. As long as they meet income requirements.

This means roughly 15,000 people lost health insurance coverage.

Other Healthcare Options

You can still get emergency medical care. Hospitals must treat emergencies regardless of immigration status or ability to pay.

Pregnant people who are undocumented can still get pregnancy-related coverage through Emergency Medical Assistance.

Community health centers offer services on a sliding fee scale based on income.

Not great options, honestly. But they exist.

Sanctuary State Status and Policies

What “Sanctuary” Actually Means

You hear this term thrown around a lot. But what does it really mean?

There’s no legal definition of “sanctuary jurisdiction.” It’s basically used to describe places that limit cooperation with federal immigration enforcement.

Minnesota doesn’t have a state law that explicitly declares it a sanctuary state. Governor Walz has said this repeatedly.

But the federal government disagrees.

Federal vs. State Disagreement

In August 2025, the U.S. Department of Justice officially listed Minnesota as a sanctuary state. They also listed Minneapolis, St. Paul, and 20 Minnesota counties as sanctuary jurisdictions.

Why the disconnect?

Minnesota has policies that restrict cooperation with ICE. Local police in many cities don’t ask about immigration status during routine stops. They don’t honor ICE detainer requests unless required by law. The state doesn’t help enforce federal immigration law.

To the federal government, that makes Minnesota a sanctuary state.

To state officials, they’re just following the Constitution. The 10th Amendment says states can’t be forced to enforce federal immigration law.

What This Means for Residents

Local police in Minneapolis and St. Paul won’t ask about your immigration status during traffic stops. They won’t call ICE if they arrest you for a minor offense. They need a judicial warrant, not just an ICE administrative warrant, to hold you for immigration enforcement.

But hold on. Federal agents can still operate in Minnesota. ICE conducts its own enforcement operations. They don’t need local help.

In fact, ICE enforcement increased significantly in Minnesota during 2025. The state became a focus for federal enforcement actions.

Education Benefits

Minnesota Dream Act

Since 2013, undocumented students who meet certain criteria can get in-state tuition rates at Minnesota colleges. They can apply for state financial aid.

This law is called the Minnesota Dream Act. Some people call it the Minnesota Prosperity Act. Same thing.

To qualify, you must have attended a Minnesota high school for at least three years. You must have graduated from a Minnesota high school or gotten a GED here. You must sign an affidavit saying you’ll apply for legal immigration status when eligible.

North Star Promise

In 2023, Minnesota created the North Star Promise program. It provides free college tuition at state schools for students from families making under a certain income.

Here’s the important part. Immigration status doesn’t matter for eligibility. If your family meets the income requirements, you qualify.

This applies to undocumented students. Pretty rare for a state program.

Federal Enforcement in Minnesota

Recent Enforcement Changes

Let’s talk about what’s happening right now. In 2025, ICE dramatically increased enforcement operations in Minnesota.

Why Minnesota? Federal officials say sanctuary policies make enforcement harder. So they’re focusing resources here.

There have been high-profile raids. Arrests at courthouses. Operations near schools and churches.

In January 2025, ICE rescinded previous guidelines that protected “sensitive locations” like hospitals, churches, and schools from immigration enforcement. Now they can conduct operations anywhere.

Your Rights During ICE Encounters

You have constitutional rights even if you’re undocumented. The Fifth and Fourteenth Amendments protect all people in the United States. Not just citizens.

If ICE comes to your door, you don’t have to let them in without a warrant. Not just any warrant. A judicial warrant signed by a judge. ICE administrative warrants don’t count.

You have the right to remain silent. You don’t have to answer questions about where you were born or your immigration status.

You have the right to a lawyer. Though you have to pay for one yourself in immigration cases.

Sound complicated? It is. If ICE contacts you, find a lawyer immediately.

Where to Get Help

The Immigrant Law Center of Minnesota provides free legal consultations. You can call them at 1-800-223-1368.

The Minnesota Attorney General’s Office has released guidance about your rights. You can find it on their website.

Don’t trust “notarios” or immigration consultants. Many are scams. Minnesota law requires anyone providing immigration services for a fee to post notices saying they’re not lawyers. If they don’t have these notices, they’re breaking the law.

Immigration Assistance Services Laws

Who Can Help You

Minnesota has strict laws about who can help with immigration matters.

Only licensed attorneys can provide legal advice on immigration. Nonlawyer assistants working under direct supervision of licensed attorneys can help. Nonprofit organizations recognized by the Board of Immigration Appeals can provide services.

That’s it. Everyone else is breaking the law if they charge you for immigration advice.

Red Flags to Watch For

If someone advertises immigration services in a language other than English, they must include a notice in both English and that language. The notice says: “I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.”

If they don’t have this notice, walk away. Seriously.

They cannot use titles like “notary public” or “immigration consultant” in connection with immigration services. Those titles make people think they have special authority. They don’t.

They cannot make false promises. They cannot keep your money for services they didn’t perform. They cannot refuse to return your documents.

Violations can cost them $5,000 per violation. Plus they have to pay you back.

Proposed and Pending Laws

Recent Legislative Proposals

Minnesota’s legislature has been busy with immigration-related bills. Some passed. Some didn’t.

In early 2025, House File 16 was introduced. It would prohibit cities and counties from having sanctuary policies. It would require county attorneys to notify ICE when undocumented people are arrested for violent crimes. It hasn’t passed yet.

House File 10 proposed ending all state-funded services to undocumented immigrants. Including MinnesotaCare and the North Star Promise scholarship. Parts of this passed. Others didn’t.

The legislature is divided. Republicans control some chambers. Democrats control others. Every immigration bill becomes a battle.

What Might Change

Honestly? Everything is up in the air right now.

Federal funding for sanctuary jurisdictions is at risk. The Justice Department filed lawsuits against Minnesota, Minneapolis, St. Paul, and Hennepin County in September 2025. These cases are still pending.

The federal government could withhold billions in Medicaid funding. Minnesota is appealing this.

State laws could change again depending on election results.

My advice? Stay informed. Laws change fast these days.

Special Circumstances

Mixed-Status Families

About 30,700 U.S. citizen children in Minnesota have parents who lack immigration status. That’s 2.4% of all children under 18 in the state.

These families face unique challenges. Kids have rights their parents don’t. Parents can drive legally now. But they lost healthcare coverage. Kids keep theirs.

It creates complicated situations.

Pending Deportation Cases

If you have a pending immigration case, Minnesota law doesn’t protect you from deportation. Only federal law matters for deportation proceedings.

But Minnesota policies can affect your daily life. You can get a driver’s license. Your kids can go to college with in-state tuition. Local police won’t automatically call ICE if you get pulled over for a broken taillight.

Small protections, but they matter.

Work Authorization

Driver’s licenses don’t grant work authorization. This is crucial to understand.

Federal law controls who can legally work in the United States. A Minnesota driver’s license is just identification. It proves you can drive. Nothing more.

Some people think getting a license makes them legal to work. Wrong. Don’t make this mistake.

How to Stay Compliant

Know Your Documents

Keep copies of all your important documents. Birth certificates. Marriage certificates. Any immigration paperwork you have. Keep originals in a safe place. Give copies to someone you trust.

If ICE ever detains you, these documents help your lawyer.

Stay Informed About Changes

Immigration law changes constantly right now. Follow trusted sources for updates.

The Immigrant Law Center of Minnesota posts updates on their website. The Minnesota Attorney General’s Office releases guidance. Local immigrant advocacy groups share information.

Don’t rely on social media rumors. Get information from official sources.

Document Everything

If you have an encounter with ICE or local law enforcement, write down what happened. Get names and badge numbers. Note the date, time, and location.

If there were witnesses, get their contact information.

This documentation could be crucial later.

Frequently Asked Questions

Can I get a Minnesota driver’s license if I’m undocumented?

Yes. Since October 1, 2023, you can apply for a standard Class D driver’s license regardless of immigration status. You still need to pass all the normal tests.

Does MinnesotaCare still cover undocumented adults?

No. As of January 1, 2026, undocumented adults age 18 and older are no longer eligible for MinnesotaCare. Children under 18 still qualify.

Is Minnesota a sanctuary state?

It depends who you ask. The federal government says yes. Governor Walz says no because there’s no state law explicitly declaring sanctuary status. Either way, many Minnesota cities limit cooperation with ICE.

Can local police ask about my immigration status?

In most Minnesota cities, local police don’t ask about immigration status during routine stops. But policies vary by jurisdiction. Federal agents can always ask.

Will I get deported if I apply for a driver’s license?

No. Minnesota law prohibits DPS from sharing your application information with immigration enforcement agencies. Your data is protected.

Final Thoughts

Minnesota’s immigration laws are in flux right now. The state passed some of the most immigrant-friendly policies in the country. Then budget pressures and political changes rolled some back. Federal enforcement increased dramatically. Lawsuits are pending.

It’s messy, honestly.

But here’s what hasn’t changed. You have constitutional rights regardless of your immigration status. You can get a driver’s license. Your kids can go to school and potentially get in-state college tuition. Local police in many cities won’t act as immigration agents.

Know your rights. Document everything. Get legal help from qualified attorneys, not scam artists.

The situation keeps evolving. Stay informed through official sources. When in doubt, consult with a licensed immigration attorney.

You’re not alone navigating this. Thousands of Minnesota families are in the same boat.

References

1. Minnesota Statute 325E.031 – Immigration Assistance Services (https://www.revisor.mn.gov/statutes/cite/325e.031)
2. Minnesota Legislature – Immigration Laws and Resources (https://www.lrl.mn.gov/guides/guides?issue=immigration)
3. Driver’s Licenses for All Law – Laws of Minnesota 2023, Chapter 13 (https://www.revisor.mn.gov/bills/text.php?number=HF4&session_year=2023&session_number=0&version=list)
4. MinnesotaCare Eligibility Changes – Minnesota Department of Human Services (https://www.dhs.state.mn.us/main/idcplg?IdcService=GET_FILE&RevisionSelectionMethod=LatestReleased&Rendition=Primary&allowInterrupt=1&dDocName=MNDHS-070570)
5. Minnesota Attorney General’s Office – Immigration Enforcement Guidance (https://www.ag.state.mn.us/Office/Communications/2025/05/02_PublicGuidance.asp)
6. Immigrant Law Center of Minnesota – Resources and Legal Information (https://www.ilcm.org)
7. U.S. Department of Justice – Sanctuary Jurisdictions List (https://www.justice.gov/opa/pr/justice-department-publishes-list-sanctuary-jurisdictions)