Wednesday
Jan032018

Worksite Immigration Enforcement Law (“Sanctuary State” Law)

This law adds various new sections to the Government and Labor Codes which impose significant restrictions and requirements upon employers in connection with federal immigration law enforcement. 

Employers may be liable for prescribed civil penalties, up to $10,000 per violation.

Unless federal law requires otherwise, Government Code sections 7285.1 and 7285.2 prohibit an employer or other person acting on the employer’s behalf from providing voluntary consent to an immigration enforcement agent to either (i) enter a nonpublic area of business, unless the agent provides a judicial warrant, or (ii) access or review of the employer’s employee records without a subpoena (which may be issued by a court or administrative agency officials) or judicial warrant.  

The prohibition does not apply to I-9 Employment Eligibility Verification forms and other documents for which a notice of inspection has been provided to the employer. The law specifies that nothing in these provisions is intended to restrict or limit an employer’s compliance with E-Verify requirements. 

Labor Code section 1019.2 prohibits an employer from reverifying the employment eligibility of a current employee at a time or in a manner not required by specified federal law. This could impact when and how companies perform immigration law compliance audits, respond to reports or suspicions of unauthorized workers, and correct individual employee forms.

 

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