New Immigration Laws (Restricting Federal Agent Intervention)

California Assembly Bill 450, which is effective January 1, 2018, will create additional hurdles for federal immigration authorities seeking to conduct investigations into California workplaces.

The new laws will require federal immigration authorities to have a warrant to enter a nonpublic workplace and a subpoena or court order to access employment records. It will be unlawful for employers to consent to these acts by authorities who fail to meet the necessary criteria, and penalties ranging from $2,000 to $10,000 will be imposed for each violation.

Employers will also be required to notify employees of pending inspections of I-9 Employment Eligibility Verification forms or other records by immigration agencies. These notices must contain specific information and be provided within 72 hours of the employer receiving a federal notice of investigation. Additionally, it will be unlawful for employers to re-verify the employment eligibility of an employee at a time or by a method that is not actually required by federal law.