Berkeley's Immigration Policy: The Rules That Matter

Every city handles immigration policy a little differently. In Berkeley, California, there are 2 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Sanctuary Policy Preemption

Berkeley Municipal Code Chapter 13.114 bars every city agency and employee from using city resources to help federal immigration enforcement, from denying city services based on immigration status, and from sharing personal information with ICE or CBP without a judicial warrant. Adopted as Ordinance 7984-NS in 2025, it replaces a string of City of Refuge resolutions running back to 1971.

Key details: Governing ordinance: Ord. 7984-NS, adopted 2025. City of Refuge since: 1971, Resolution 44,784-N.S.. Info sharing bar: No disclosure without a judicial warrant or subpoena. Reporting deadline: 10 business days to City Council. Private lawsuit: Not allowed; no private right of action.

Chapter 13.114 regulates city government, not residents, so it carries no fine or citation for the public. Section 13.114.060 states the ordinance creates no private right of action and is not intended to create new rights for breach of which the City is liable in money damages. The City Manager enforces it through internal administrative policy and may set rules for reporting violations of Section 13.114.030 by city staff.

This is one of the stricter rules in Berkeley's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

E-Verify Mandates

Berkeley does not require private employers to use the federal E-Verify system, and California Labor Code section 2814 forbids cities and employers from mandating E-Verify beyond what federal law specifically requires.

Key details: State preemption: Labor Code 2814. Local mandate: None. Federal contractor: Required. City hiring: Form I-9 only.

Local agencies that try to mandate E-Verify face preemption by Labor Code section 2814, while employers that misuse E-Verify run afoul of federal anti-discrimination rules under the Immigration and Nationality Act.

If you are coming from a city with tighter rules, you will find Berkeley gives residents more flexibility on e-verify mandates.

The Bottom Line

Berkeley's immigration policy rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Berkeley is broadly strict or permissive.

Keep in mind that Berkeley can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.