With Immigration Enforcement Increasing, Senator Skinner Alerts Employers: ICE Must Have Warrant to Enter Your Workplace

With the recent confirmation that ICE has increased enforcement across the Bay Area, State Senator Nancy Skinner has intensified her office’s effort to proactively alert employers and business groups to the new state rules that define what an employer can and can not do if immigration officials appear at their worksite.

“Employers need to know that California has a new law aimed at preventing ICE from engaging in worksite actions without legal justification,” said Senator Skinner. “My office is actively working to alert employers: If ICE doesn’t have a warrant they can’t legally enter your workplace.” 

The California Attorney General’s office has just released the official advisories detailing the provisions of AB 450, the Immigrant Worker Protection Act. These advisories inform employers that they are prohibited from voluntarily granting ICE agents access to the non-public areas of their worksite, unless ICE presents a valid judicial warrant. Employers are also prohibited from voluntarily offering employment records to ICE agents unless those agents present a valid subpoena. Additionally, employers are required to give immediate notice to employees when ICE formally requests employee records. Further, the advisories make it clear that failure to follow AB 450 can result in fines ranging up to $10,000.

Senator Skinner’s Office has been actively disseminating the recently released advisories to business groups, large employers and local governments in the East Bay—so that employers are fully informed and don’t inadvertently violate state law.

“Rather than making us safer, ICE raids are creating fear and disrupting our communities,” said Skinner. “All of us have the constitutional right to be free from unreasonable search and seizure. AB 450 makes sure employers respect workers’ constitutional protections if ICE attempts to raid a worksite.”

Senator Nancy Skinner (@NancySkinnerCA) represents the 9th Senate District. She serves as Chair of the Senate Public Safety Committee and the Budget Subcommittee on Corrections, Public Safety and the Judiciary.
 

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