California’s “Immigrant Worker Protection Act”(AB 450), which went into effect on January 1, 2018, adds a new section to the California Government Code (§7285.1) prohibiting employers from voluntarily agreeing to allow an immigration enforcement agent to enter any non-public areas of the workplace unless otherwise required to under federal law.
The new law removes an employer’s ability to “voluntarily consent” to ICE access. Instead, employers will have to insist that the ICE agent provide a warrant in order to obtain access to the non-public areas of the workplace.
In addition to the foregoing, the new law also prohibits an employer from granting voluntary access to the employer’s employee records without a subpoena or judicial warrant. This excludes access to I-9 forms and other documents for which a Notice of Inspection has been provided to the employer.
If your employer admitted federal immigration agency inspectors into the workplace without a warrant, please contact the attorneys at the California Employment Legal Group today for a consultation with an experienced employment lawyer who will clearly explain your rights and options under the law.