California Imposes New Worksite Enforcement Obligations on Employers

The Immigrant Worker Protection Act (Assembly Bill 450) took effect Jan. 1, 2018 and imposes new state obligations on employers when approached by federal immigration inspectors.

The law prohibits employers from allowing federal immigration enforcement agents to enter their premises without a judicial warrant or subpoena, prevents employers from providing such agents access to employee records without a judicial warrant or subpoena, requires employers to notify employees before and after immigration inspections, and prevents employers from re-verifying the employment eligibility of current employees if not required by federal law. The law imposes monetary penalties of up to $10,000 per violation.

The only exception is for I-9 employment eligibility verification forms and other documents for which a Notice of Inspection is provided to the employer in advance. In those circumstances, the employer may grant access without a court warrant or subpoena, but must also notify its employees in advance.