CA Employers Prohibited From Cooperating Voluntarily With Federal Immigration Authorities

Earlier this week, Governor Brown signed the Immigrant Worker Protection Act into law.  Under the law, an employer may not provide federal immigration enforcement agents access to their business without a warrant (other than to ascertain if they have a warrant).  Also, employers may not provide access to records (other than I-9s) to such agents without a subpoena. Employers must notify all current employees of any I-9 audit performed by federal officials within 72 hours of such an audit, and must notify affected employees (those identified by federal authorities as potentially not being eligible to work in the U.S.) of the results of such an inspection.  Violation of these provisions can be enforced by the Labor Commissioner and can lead to heavy fines.

 –Adam K. Treiger