Proposed Bill Prohibits California Employers From Voluntarily Consenting To ICE Inspection Featured

  19 September 2017

A.B. 450, introduced by Assemblyman David Chiu (D-San Francisco), prohibits employers from voluntarily consenting to federal Immigration and Customs Enforcement (ICE) inspections in nonpublic areas of the workplace, unless the agent has a warrant.

The bill has been sent to Governor Jerry Brown for consideration, and it is anticipated he will sign the proposed legislation. The bill specifically prohibits an employer from voluntarily consenting to an immigration enforcement agent’s ability to access, review, or obtain an employee’s records, absent a subpoena or court order. Penalties for violations will be from $2,000 up to $5,000 for a first violation and $5,000 up to $10,000 for each subsequent violation.

 

The bill requires employers to provide current employees with notice of an inspection of I-9 Employment Eligibility Verification forms, by posting in the language the employer normally uses to communicate employment information, within 72 hours of receiving notice of the inspection. In addition, if the bill passes, the Labor Commissioner must create a template for the notice and make it available to employers by July 1, 2018. The bill also requires employers to provide to current employees, and to any authorized representative of an employee, a copy of the written immigration agency notice that provides for the inspection results and written notice of the obligations of the employer and the affected employee. 

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