Nicole Rice

Federal Judge opines on employer challenges with Immigrant Worker Protection Act

By Nicole Rice, Policy Director, Government Relations

Capitol Update, June 22, 2018 Share this on FacebookTweet thisEmail this to a friend

AB 450 (Chapter 492, Statutes of 2017) is at the heart of a legal battle between California and President Trump over the suite of “sanctuary” laws passed by Governor Jerry Brown and the Legislature last year.  The law prohibits California employers from allowing U.S. Immigration and Customs Enforcement officers (ICE) agents to access to specified locations or documents at the workplace without a warrant or subpoena.

When discussing the application of AB 450 during last week’s oral arguments, U.S. District Judge John A. Mendez echoed similar concerns raised by CMTA and others during legislative debates when stating, “[t]he statute really puts the employer between a rock and a hard place.”

CMTA urged legislators not to penalizinge private employers caught in the middle of protective state laws and aggressive federal immigration enforcement. Instead, we encouraged them to adopt alternative approaches that equip manufacturers to respond lawfully while offering meaningful education to inform workers of their rights and protections under state law.

The federal hearing ended with no decision on the federal government's request to halt the sanctuary laws, but a written decision is expected soon.

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