Enforcement Actions - - CA Government

Section § 7285

This law states that all people in California, regardless of their immigration status, have the same rights and protections under state laws related to employment, civil rights, consumer protection, and housing. Their immigration status should not affect their right to these protections or the determination of liability in legal proceedings. The law prohibits inquiries into someone's immigration status during these proceedings unless it is clearly shown to be necessary for compliance with federal laws.

The section also confirms that it reflects existing legal principles and indicates that if any part of it is invalidated, the rest will still apply.

The Legislature finds and declares the following:

(a) All protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law, are available to all individuals regardless of immigration status who have applied for employment, or who are or who have been employed, in this state.

(b) For purposes of enforcing state labor, employment, civil rights, consumer protection, and housing laws, a person’s immigration status is irrelevant to the issue of liability, and in proceedings or discovery undertaken to enforce those state laws no inquiry shall be permitted into a person’s immigration status unless the person seeking to make the inquiry has shown by clear and convincing evidence that the inquiry is necessary in order to comply with federal immigration law.

(d) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

immigration status rights employment protections civil rights protections consumer protection laws housing laws inquiry restriction liability determination federal immigration compliance existing legal principles severability clause state labor laws

(Amended by Stats. 2017, Ch. 160, Sec. 2. (AB 1690) Effective January 1, 2018.)

Section § 7285.1

Employers in California cannot let immigration enforcement agents into private areas at work unless there's a court warrant, except as required by federal law. If an employer breaks this rule, they face fines starting at $2,000 and going up to $10,000 for repeated offenses. However, if authorities enter without the employer’s consent, no fines will be imposed. Employers are allowed to lead agents to private areas without workers to verify a warrant, as long as they don’t agree to a search. Enforcement of these rules is handled by the Labor Commissioner or Attorney General through civil cases. This law covers all employers, both public and private.

(a) Except as otherwise required by federal law, an employer, or a person acting on behalf of the employer, shall not provide voluntary consent to an immigration enforcement agent to enter any nonpublic areas of a place of labor. This section does not apply if the immigration enforcement agent provides a judicial warrant.

(b) An employer who violates subdivision (a) shall be subject to a civil penalty of two thousand dollars ($2,000) up to five thousand dollars ($5,000) for a first violation and five thousand dollars ($5,000) up to ten thousand dollars ($10,000) for each subsequent violation. If a court finds that an immigration enforcement agent was permitted to enter a nonpublic area of a place of labor without the consent of the employer or other person in control of the place of labor, the civil penalty shall not apply. “Violation” means each incident when it is found that subdivision (a) was violated without reference to the number of employees, the number of immigration enforcement agents involved in the incident, or the number of locations affected in a day.

(c) This section shall not preclude an employer or person acting on behalf of an employer from taking the immigration enforcement agent to a nonpublic area, where employees are not present, for the purpose of verifying whether the immigration enforcement agent has a judicial warrant, provided no consent to search nonpublic areas is given in the process.

(d) The exclusive authority to enforce this section is granted to the Labor Commissioner or the Attorney General and enforcement shall be through civil action. Any penalty recovered shall be deposited in the Labor Enforcement and Compliance Fund.

(e) This section applies to public and private employers.

employer consent immigration enforcement nonpublic areas judicial warrant civil penalties Labor Commissioner Attorney General civil action compliance fund public and private employers labor law enforcement workplace private areas illegal search prevention worker protection immigration agent entry

(Added by Stats. 2017, Ch. 492, Sec. 1. (AB 450) Effective January 1, 2018.)

Section § 7285.2

This law states that an employer cannot voluntarily give immigration enforcement agents access to employee records unless there is a subpoena or judicial warrant, except for I-9 forms with a Notice of Inspection. Employers who violate this rule are fined between $2,000 and $10,000, depending on whether it's a first or subsequent violation. However, if a court finds that the employer did not actually consent to the access, no penalty is applied. The Labor Commissioner or Attorney General has the sole authority to enforce this, and any fines collected go to the Labor Enforcement and Compliance Fund. This applies to both public and private employers.

(a)

(1) Except as otherwise required by federal law, and except as provided in paragraph (2), an employer, or a person acting on behalf of the employer, shall not provide voluntary consent to an immigration enforcement agent to access, review, or obtain the employer’s employee records without a subpoena or judicial warrant. This section does not prohibit an employer, or person acting on behalf of an employer, from challenging the validity of a subpoena or judicial warrant in a federal district court.

(2) This subdivision shall not apply to I-9 Employment Eligibility Verification forms and other documents for which a Notice of Inspection has been provided to the employer.

(b) An employer who violates subdivision (a) shall be subject to a civil penalty of two thousand dollars ($2,000) up to five thousand dollars ($5,000) for a first violation and five thousand dollars ($5,000) up to ten thousand dollars ($10,000) for each subsequent violation. If a court finds that an immigration enforcement agent was permitted to access, review, or obtain the employer’s employee records without the consent of the employer or other person in control of the place of labor, the civil penalty shall not apply. “Violation” means each incident when it is found that subdivision (a) was violated without reference to the number of employees, the number of immigration enforcement agents involved in the incident, or the number of employee records accessed, reviewed, or obtained.

(c) The exclusive authority to enforce this section is granted to the Labor Commissioner or the Attorney General and enforcement shall be through civil action. Any penalty recovered shall be deposited in the Labor Enforcement and Compliance Fund.

(d) This section applies to public and private employers.

employer consent immigration enforcement employee records subpoena judicial warrant I-9 forms Notice of Inspection civil penalty Labor Commissioner Attorney General public employers private employers Labor Enforcement and Compliance Fund enforcement authority

(Added by Stats. 2017, Ch. 492, Sec. 2. (AB 450) Effective January 1, 2018.)

Section § 7285.3

This law ensures that nothing in this chapter stops or limits an employer from following agreements about using the federal E-Verify system, in line with state and federal laws.

In accordance with state and federal law, nothing in this chapter shall be interpreted, construed, or applied to restrict or limit an employer’s compliance with a memorandum of understanding governing the use of the federal E-Verify system.

employer compliance memorandum of understanding federal E-Verify system employment verification restrict or limit state law federal law E-Verify agreements California employer obligations immigration verification system

(Added by Stats. 2017, Ch. 492, Sec. 3. (AB 450) Effective January 1, 2018.)