On October 5, 2017, California Governor Jerry Brown signed 11 bills, making California a sanctuary state. The Immigrant Worker Protection Act (IWPA) is one of the 11 bill signed, and it is the most relevant to employers.
With the signing of the IWPA, California became the first state to explicitly affirm the rights of immigrant workers at the worksite. The bill imposes an affirmative obligation on California employers to provide employees notification that the United States Immigration and Customs Enforcement agency (ICE) has determined they are lacking work authorization, thereby giving them advance warning that ICE may be considering their apprehension and removal from the U.S. through a workplace raid.
To protect immigrant employees, the IWPA:
- Requires employers to ask for a warrant before allowing federal immigration officials into a workplace to interview employees;
- With exception of I-9s or other documents when a Notice of Inspection has been provided, bars employers from sharing employees’ confidential information (i.e. Social Security numbers) without a subpoena; and
- Establishes penalties ranging from $2,000 to $10,000 for employers that:
- Fail to give employees public notice within 72 hours of an upcoming federal immigration inspection of employee records including written notice to any Collective Bargaining Representative; and/or
- Fail to provide affected employees with a copy of any Notice of Inspection and a copy of any inspection results within 72 hours.
Since the passage of the bill, ICE has announced that it will target more California neighborhoods and worksites.
Coverage: Employers with employees in California.
Effective: January 1, 2018
Action Required: Please contact your HR Business Partner with any questions you may have.
Produced in cooperation with Jackson Lewis P.C.