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 declared itself a sanctuary city in 1971 for Vietnam War draft resisters and has expanded the policy ever since, prohibiting city employees and police from cooperating with federal immigration enforcement except as state law requires.

Key details: First adopted: 1971 draft resister sanctuary. Code: BMC 13.106. State backstop: SB 54 TRUST Act. Service questions: Status not asked.

Employees who knowingly violate the policy face discipline up to termination, and the city retains civil remedies against contractors that breach sanctuary contract clauses.

Berkeley is more permissive than most cities when it comes to sanctuary policy preemption. That said, there are still limits.

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

Compared to many U.S. cities, Berkeley gives residents more room on immigration policy. 2 of the 2 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

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.