How does California’s immigration compliance law impact the hiring process for employers?

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immigration compliance law, also known as the California Immigration Worker Protection Act (AB 450), has a significant impact on the hiring process for employers in the state. This law, which went into effect on January 1, 2018, aims to protect the rights of immigrant workers and regulate the actions of employers during immigration enforcement activities. It imposes certain obligations on employers and restricts their ability to cooperate with federal immigration authorities.

Under this law, employers are prohibited from allowing immigration enforcement agents to access non-public areas of the workplace without a judicial warrant or subpoena. They are also not allowed to voluntarily provide access to employee records without a subpoena or warrant, unless required by federal law. This means that employers cannot simply grant access to immigration agents without proper legal documentation.

Additionally, the law mandates that employers must provide notice to their employees within 72 hours of receiving a Notice of Inspection (NOI) from federal immigration authorities. This notice must include the name of the agency conducting the inspection, the purpose of the inspection, and a copy of the NOI. Employers are also required to provide affected employees with a copy of any written immigration agency notice related to the inspection within 72 hours of receipt.

Furthermore, the law prohibits employers from reverifying the employment eligibility of current employees unless required by federal law. This means that employers cannot conduct random or targeted re-verification of their employees’ work authorization documents without a legitimate reason.

The impact of this law on the hiring process is significant. Employers must ensure that they are in compliance with the law’s requirements to avoid potential penalties and legal consequences. They need to be aware of their obligations regarding access to the workplace and employee records during immigration enforcement activities. Employers must also be prepared to provide timely and accurate notices to their employees in the event of an immigration inspection.

Moreover, the law restricts employers from engaging in discriminatory practices based on an individual’s immigration status. Employers cannot refuse to hire or terminate an employee based on their immigration status, unless required by federal law. This means that employers must be cautious during the hiring process to ensure they are not in violation of these anti-discrimination provisions.

In summary, California’s immigration compliance law has a significant impact on the hiring process for employers. It imposes obligations on employers regarding access to the workplace, employee records, and notice requirements during immigration enforcement activities. Employers must also be mindful of anti-discrimination provisions related to an individual’s immigration status.

  • July 7, 2023