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Immigration Alert: California Passes Bill Restricting ICE Entering Businesses

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On September 14, 2017, California lawmakers passed bill AB 450, dubbed the Immigrant Worker Protection Act, which would imposes various requirements on public and private employers with regard to federal agency immigration worksite enforcement actions. See here. This includes, for example, prohibiting an employer from providing voluntary consent to a U.S. Immigration and Customers Enforcement agent to enter nonpublic areas of the worksite unless the agent provides a judicial warrant,  and would also bar employers from sharing employee information deemed confidential without a subpoena. Employers that fail to comply with the Bill’s provisions would face penalties of up to $5,000 for a first violation and up to $10,000 for each subsequent violation.

The Bill, passed by both the Senate and Assembly, now proceeds to  Gov. Jerry Brown’s desk. Governor Brown can either:

  1. Sign the bill;
  2. Allow it to become law without his signature; or
  3. Veto it.

A Governor’s veto can be overridden by a two third vote in both houses. Stay tuned for further updates.