San Diego's Immigration Policy: The Rules That Matter

Every city handles immigration policy a little differently. In San Diego, 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.

E-Verify Mandates

California Labor Code §2814 (added by AB-1236, 2011) bars cities including San Diego from requiring private employers to use E-Verify. The federal program remains voluntary except for federal contractors.

Key details: Federal mandate: Federal contractors only. California statute: Labor Code §2814 (AB-1236). SD city mandate: None; preempted by state. Voluntary use: Allowed for any employer. Re-verification: Limited by federal anti-bias rules.

An employer compelled illegally to use E-Verify by a city agency could sue under Labor Code §2814. Private employers using E-Verify discriminatorily face DOJ Immigrant and Employee Rights Section penalties up to $4,313 per violation.

San Diego is more permissive than most cities when it comes to e-verify mandates. That said, there are still limits.

Sanctuary Policy Preemption

California SB-54 (the Values Act) limits state and local cooperation with federal civil immigration enforcement. San Diego Police Department policy mirrors the statute, barring routine status inquiries and most ICE detainers without a judicial warrant.

Key details: State statute: Cal. Gov Code §7284 (SB-54). Local policy: SDPD Procedure 6.16. Local ordinance: None separate. ICE detainers: Honored only with judicial warrant. Status inquiries: Prohibited during routine contact.

Officers who breach SB-54 face administrative discipline up to termination. There is no civil penalty for residents; the rule binds public agencies, not private parties or businesses.

If you are coming from a city with tighter rules, you will find San Diego gives residents more flexibility on sanctuary policy preemption.

The Bottom Line

Compared to many U.S. cities, San Diego 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 San Diego 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.