With every new presidential administration, immigration policies tend to shift, creating uncertainty for both employers and employees. Executive orders on immigration can lead to increased workplace audits and enforcement actions by agencies like Immigration and Customs Enforcement (ICE). For businesses, this can feel overwhelming—how do you protect your employees while staying compliant with federal and state laws?
California employers have a resource in the Immigrant Worker Protection Act (AB 450). This law was designed to protect the rights and privacy of workers, while giving employers clear guidance on how to handle federal immigration enforcement. In this article, we’ll break down what this law means for you and how you can support your workforce while staying compliant.
What Is the Immigrant Worker Protection Act?
The Immigrant Worker Protection Act is a California law that sets strict rules on how employers can respond to immigration enforcement actions. It was signed into law on October 5, 2017 and became effective on January 1, 2018 to prevent workplace disruptions, protect employees from unnecessary scrutiny, and ensure that businesses are not caught in the middle of conflicting state and federal requirements.
The law focuses on two key areas:
- Limiting when and how federal immigration agents can enter a workplace or access employee records.
- Requiring employers to notify employees of any upcoming immigration inspections and the results of those inspections.
By following the rules outlined in this law, employers can avoid penalties while ensuring their workplace remains a safe and inclusive environment.
What Employers Are Required to Do
Under the Immigrant Worker Protection Act, you have specific responsibilities when it comes to handling immigration enforcement activities. Here are the basics:
- Don’t Allow Unauthorized Inspections
- You can’t let immigration agents into nonpublic areas of your workplace unless they have a judicial warrant.
- Similarly, you can’t give them access to employee records without a subpoena or court order, unless federal law explicitly requires it.
- Notify Your Employees
- If ICE gives you a notice of inspection (NOI) for I-9 forms or other employment records, you must notify your employees within 72 hours.
- Use the template provided by the California Labor Commissioner, or include the following:
- The name of the agency conducting the inspection.
- The date of the inspection.
- A copy of the NOI.
- Share the Inspection Results
- After the inspection, you must notify any affected employees of the results within 72 hours, especially if they need to take action, like fixing documentation errors.
- Avoid Retaliation
- You cannot reverify an employee’s work eligibility simply because of an immigration inspection. The law protects employees from unnecessary scrutiny or retaliation.
How to Stay Compliant and Protect Your Workforce
Navigating immigration enforcement doesn’t have to be a guessing game. By taking the following steps, you can ensure compliance and build trust with your employees:
- Train Your Team
- Educate your HR staff, managers, and supervisors on how to handle visits from immigration agents. They should know to ask for judicial warrants and subpoenas before granting access to private areas or records.
- Create Clear Policies
- Develop internal procedures for managing ICE visits. Designate specific employees to handle these situations, and make sure everyone knows the protocol.
- Keep these policies documented and regularly review them to stay updated on legal requirements.
- Communicate with Your Employees
- Be transparent with your workforce. Let them know you’re required to inform them of inspections and share results. Clear communication can help reduce fear and uncertainty among employees.
- Document Everything
- Keep records of any notices, inspections, and employee communications. This will help you demonstrate compliance if your practices are ever questioned.
- Promote a Safe Workplace
- Encourage employees to voice concerns about workplace discrimination or immigration enforcement without fear of retaliation. Building a culture of trust goes a long way.
What Happens If You Don’t Comply?
The stakes are high for employers who violate the Immigrant Worker Protection Act. Fines range from $2,000 to $5,000 for a first violation and $5,000 to $10,000 for subsequent violations. Beyond the financial penalties, non-compliance can harm your reputation and erode trust with your employees.
Balancing State and Federal Laws
It’s important to note that while California law offers strong protections for employees, federal law also imposes certain obligations on employers, like verifying work eligibility through I-9 forms. The key is finding a balance—complying with both sets of laws without overstepping employee rights. When in doubt, consult with an experienced attorney who understands both federal and California employment law.
The Immigrant Worker Protection Act is more than just a set of rules—it’s a reflection of California’s values in protecting its diverse workforce. As an employer, your role is to navigate these laws thoughtfully, ensuring compliance while showing your employees that their rights matter. By taking proactive steps, you can build a legally compliant workplace where all employees feel valued and secure.
If you’re unsure about any part of this process, seek advice from your Human Resources or legal professional to ensure you’re fully covered. When employers and employees work together, everyone wins.
For more information on Immigrant Worker Protection Act click HERE to review the State of California Department of Industrial Relations FAQ.
Disclaimer: This article is for informational purposes only and not a substitute for legal advice.