California places restrictions on immigration inspections

Workplace inspectors require warrant and employees to be notified before and after inspections

California has legislated to restrict employers from admitting immigration inspectors to the workplace without a court warrant or writ. The law also requires employers to notify employees before and after certain immigration inspections take place. This new law, the Immigrant Worker Protection Act (AB 450) is set to take effect on January 1, 2018, though it may be challenged in court.California places restrictions on immigration inspections

  • AB 450 forbids employers or their agents from allowing immigration inspectors access to non-public areas of the workplace without a court warrant.
  • Employers are prohibited from allowing immigration enforcement agents the ability to access, review or obtain confidential employee records without a writ or court warrant, unless otherwise required by law.
  • In some cases, the employer may receive a Notice of Inspection in advance of an enforcement effort. In that case, a court warrant or writ are not required. However, the employer must notify their employees and  their labour union representative of this upcoming inspection within 72 hours.
  • Upon receipt of the inspection results and following the inspection, the employer must provide affected employees and their labour union representative, within 72 hours with a copy of the results and a written notice of any obligations imposed on the employer or the affected employee as a result of the inspection.
  • AB 450 disallows employers from re-verifying the employment eligibility (Form I-9) of current employees at a time or manner not required by federal law, even where the employee requests reverification. Where improper I-9 re-verification has taken place, the employer will be subjected to civil fines.

Key Considerations

Crown World Mobility recommends employers start thinking about  the procedures and training they need to have in place to ensure compliance with the new law.

Source: This update was prepared using information from California Legislative Information

Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact please contact Roberta Carnaccini, Global Director of Immigration Operations.