AB-450: Employment Regulation: Immigration Worksite Enforcement Actions

(Last updated February 12, 2018)

Summary

This California Assembly bill would help protect employees from immigration enforcement activities at worksites by enacting a number of new requirements, including the following:

  • Employers would be prohibited from providing immigration enforcement agents access to worksites without a warrant, except as provided by federal law.
    • However, employers would not be prohibited from taking an immigration enforcement agent to a nonpublic area where employees are not present, for the purpose of verifying whether the agent has a warrant, provided no consent to search nonpublic areas is given in the process.
  • Employers would be prohibited from providing immigration enforcement agents access to employee records without a subpoena, except as provided by federal law.
  • Employers would be required to notify employees in writing of future immigration enforcement activities at their worksites and of the results of any immigration audits or inspections, unless prohibited by federal law.
  • Employers would be required to notify the State Labor Commissioner of any immigration enforcement actions, unless prohibited by federal law.
  • The Labor Commissioner would be authorized to provide certain information to employees who would be affected by reported immigration enforcement actions.
  • Employers would be prohibited from checking the employment eligibility of a current employee except at times and in manners required by federal law.

 

Status

Introduced into the California Assembly on February 13, 2017. Referred to the Assembly Committee on Judiciary and the Assembly Committee on Labor and Employment.

The bill passed the California Assembly on May 31, 2017, on a vote of 50-24. In San Diego County, all Republican Assembly members (Voepel, Waldron, Chávez, Maienschein) voted against the bill, and all Democratic Assembly members (Gloria, Weber, Gonzalez Fletcher) voted for it.

The bill passed the California Senate on September 12, 2017, on a vote of 27-10. In San Diego County, both Republican Senators (Bates, Anderson) voted against the bill, and both Democratic Senators (Atkins, Hueso) voted for it.

The state Senate's amendments to the bill were concurred in by the Assembly on September 13, 2017, on a vote of 53-22. In San Diego County, Republican Assembly members Voepel, Waldron, and Chávez voted against the bill, and all Democratic Assembly members (Gloria, Weber, Gonzalez Fletcher) voted for it. Republican Assembly member Brian Maienschein did not cast a vote.

The bill was signed into law on October 5, 2017.