Assembly Bill 450 originally restricted an employer’s ability to interact with Immigration and Customs Enforcement (ICE). An employer was required to demand a warrant or subpoena before providing any kind of access to the property or employee records.
“Initially AB 450 prohibited employers from cooperating,” said Faith Driscoll, an Attorney with Barsamian & Moody. “And any employer who didn’t demand those documents or allowed ICE agents on their property without it could be penalized up to $10,000 per violation.”
That law has since been overturned, as mandating employers interfere with ICE agents performing their job duties essentially violates federal law. “Now employers are not at risk of being penalized for allowing ICE agents to come on to their property or cooperating with any inspections that are required or requested,” Driscoll noted. “Employers are encouraged to cooperate as they would with any federal or state agency that’s performing an inspection of the work place.”
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