Nicole Rice

Federal Court blocks portions of California's new Workplace Immigration Law

By Nicole Rice, Policy Director, Government Relations

Capitol Update, July 20, 2018

Benjamin Ebbink at Fisher Phillips wrote an excellent overview of a Federal Court's blocking of portions of California's AB 450 -- a bill that requires employer notification of immigration enforcement actions and prohibits employers from voluntarily consenting to ICE access to the worksite without a judicial warrant.

Federal Court blocks portions of California’s new Workplace Immigration Law - by Benjamin Ebbink

Immigration has, and continues to be, a major flashpoint between California and the Trump administration. In 2017, the California legislature passed significant legislation (AB 450) impacting how California employers deal with federal immigration authorities. The Trump administration sued over these policies, putting California on a collision course with the federal government—with California employers stuck squarely in the middle.

On July 4, a federal judge issued a preliminary injunction siding with the Trump Administration and blocked enforcement of several of the key provisions AB 450 as applied to private employers – while allowing other provisions to move forward.

The Backstory on AB 450

In 2017, the California Legislature responded with dramatic measures to draw a line in the sand on immigration. Most significantly for California employers, the state enacted Assembly Bill 450. Among other things, AB 450 prohibited employers from voluntarily consenting to federal immigration authorities having access to the worksite without a judicial warrant, or document reviews without a subpoena or warrant; required employers to provide their workers with notice of certain immigration enforcement actions and results; and imposed new statutory penalties for violations of the law. Read more about the new law in our complete summary of AB 450. The new law went into effect on January 1, 2018.  ... READ ENTIRE ARTICLE AT FISHER PHILLIPS

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