A bill recently passed by both houses of the California state legislature and now awaiting the signature of Governor Jerry Brown would, with certain limited exceptions, prohibit California employers from voluntarily allowing Immigration and Customs Enforcement (ICE) agents onsite to conduct immigration inspections or to access employee records without a warrant or court order. Supporters of the bill describe it as a means of protecting California’s immigrant workers from abuse by federal authorities and of resisting President Donald Trump’s immigration policies, which have resulted in a spike in ICE raids and allegations of rights violations. SHRM’s Lisa Nagele-Piazza has the details on the bill:
Among other things, A.B. 450 would require employers to:
- Obtain warrants and subpoenas from federal immigration agents before granting them access to nonpublic areas of the worksite or permitting them to inspect certain employee records.
- Notify workers and their labor unions about an ICE enforcement activity within 72 hours of receiving notice of the inspection.
- Provide each current affected employee and the employee’s authorized representative with the results of an inspection within 72 hours of receiving such information from ICE.
- Pay penalties of between $2,000 and $10,000 for violations.
Currently, employers may voluntarily comply with federal agents’ requests to access the worksite during an immigration-related investigation.
If Brown signs the bill, organizations in the state will have to train their employees not to voluntarily consent to ICE actions, among other compliance challenges.