Immigration Compliance in a Sanctuary State: How Two New California Laws Affect Employers

Stuart Kane partner Shane Criqui published the article “Immigration Compliance in a Sanctuary State: How Two New California Laws Affect Employers” in the March 5, 2018 issue of the Orange County Business Journal.

California’s Senate Judiciary Committee currently estimates that there are more than 2.6 million undocumented immigrants in California and that one in ten California workers are undocumented. Clearly, immigration enforcement is an issue that has the potential to affect many California businesses.

The federal Immigration Control and Reform Act of 1986 (ICRA) has long made it illegal for employers to knowingly hire, recruit, refer, or continue to employ unauthorized workers. IRCA also requires employers to verify the employment authorization status of prospective employees. Employers are likely already familiar with the federal I-9
Employment Eligibility Verification form which must be completed by each employee at the time of hire. Employers should be sure to download the most recent version of the I-9 form which was revised July 17, 2017.

Employers may not be as familiar with two new California laws which significantly alter the immigration landscape in California. One law (SB 54) is aimed at state and local law enforcement. The other law (AB 450) is aimed squarely at California employers.

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