ICE In California: Santa Cruz Co. Issues Advisory For Employers

WATSONVILLE, CA — In California, employers are prohibited from complying with certain aspects of federal Immigration and Customs Enforcement actions, and the County of Santa Cruz wants to ensure local businesses are following state law.

The county issued an advisory Tuesday reminding employers about Assembly Bill 450, otherwise known as the Immigrant Worker Protection Act. Signed into law Jan. 1, 2018, the act prohibits employers from voluntarily allowing immigration enforcement agents access to nonpublic areas of workplaces or to private employee records.

When asked Tuesday what prompted the county advisory, Santa Cruz County Communications Manager Jason Hoppin said the state law has flown under the radar a bit.

"Given our support for immigrant communities and for local employers, we wanted to send out the advisory," he said.

The county is aware of one instance of an immigration enforcement notice sent to employees of a local company, Hoppin said. He reminded employers that those who violate the state law are subject to civil penalties of $2,000 to $5,000 for a first violation, and $5,000 to $10,000 for each subsequent violation.

"For workplace inspections, the Immigrant Worker Protection Act does not apply if agents present a judicial warrant. For access to employee records, the Act does not apply if agents provide a subpoena or judicial warrant for records, or a Notice of Inspection for I-9 forms and other documents," Hoppin said.

"Under the law, employers are required to notify employees of inspections of their employment records by federal immigration agencies within 72 hours of receiving a federal notice of inspection. The employer’s notifications must be available in the language the employer normally uses to communicate employment information," Hoppin said.

The Santa Cruz County Board of Supervisors has passed a resolution that aims to maintain trust and safety with local immigrants.

"The county is issuing this advisory in that spirit," Hoppin said.

California Attorney General Xavier Becerra and Labor Commissioner Julie Su have issued joint
guidance for employers on AB 450:
https://oag.ca.gov/sites/all/files/agweb/pdfs/immigrants/immigration-ab450.pdf