Immigration Enforcement
On October 5, 2017, California Governor, Jerry Brown signed 11 bills essentially making California a sanctuary state. The California Values Act (SB 54) aims to protect immigrants living in California. The objective of the bill is to strike a balance that will protect public safety while bringing a measure of comfort to those families who are currently living in fear every day. The law, which will become effective on January 1, 2018, stops state and local enforcement agencies from using state resources to enforce federal immigration laws.
The California Values Act has received a good deal of press, however, another bill was signed by California Governor, Jerry Brown, it is the Immigrant Worker Protection Act (“IWPA”) (AB 450), that is most relevant to all employers.
With the signing of the IWPA, California became the first state to explicitly affirm the rights of immigrant workers at the worksite. The bill imposes an affirmative obligation on California employers to provide employees notification that ICE has determined they are lacking work authorization, thereby giving them advance warning that ICE may be considering their apprehension and removal from the U.S. through a workplace raid.
To protect immigrant employees, the IWPA imposes the following on employers:
- Requires employers to ask for a warrant before allowing federal immigration officials into a workplace to interview employees.
- Bars employers from sharing employees’ confidential information (i.e. Social Security numbers) without a subpoena except I-9’s or other documents when a Notice of Inspection has been provided.
- Establishes penalties ranging from $2,000 to $10,000 for employers that:
- Fail to give employees public notice within 72 hours of an upcoming federal immigration inspection of employees records; and / or
- Fail to provide affected employees with a copy of any Notice of Inspection and a copy of any inspection results within 72 hours
Now, in response to the California Values Act and IWPA, ICE announced it would have to target California neighborhoods and worksites. Therefore, it is recommended that all California employers review the new law and train their management team.
- Immigration Enforcement Checklist
- Example of US District Court Search and Seizure Warrant
- FOASC Counsel’s Presentation Regarding I-9 and E-Verify
- California “Sanctuary State” Bill (SB 54) Summary and History
- Click here for more information regarding Employees Docs and I-9 Forms
Please feel free to reach out with any questions you may have:
Barbot Insurance Services
Toll Free (888) 505-7110
Mandeep S. Rupal
Attorney at Law
Office (909) 597-2445
