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Anaheim, CA Immigration Policy: E-Verify Mandates (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

Authority
CA Labor Code 2814
Local mandate
Prohibited
Voluntary use
Permitted
Federal contractors
Must use E-Verify
Form I-9
Always required

Summary

California Labor Code 2814 prohibits cities from mandating E-Verify use by private employers. Anaheim cannot require E-Verify; only federal contractors and certain federal agencies must use the system locally.

2814. (a) (1) Except as required by federal law or as a condition of receiving federal funds, it is unlawful for an employer, or any other person or entity to use the federal electronic employment verification system known as E-Verify to check the employment authorization status of an existing employee or an applicant who has not been offered employment. (c) In addition to other remedies available, an employer who violates this section is liable for a civil penalty not to exceed ten thousand dollars ($10,000) for each violation of this section.

Source: Anaheim Municipal CodeView official code

Full Breakdown

California Labor Code section 2814, enacted in 2011, expressly prohibits state and local governments from requiring private employers to use E-Verify, the federal employment eligibility verification system. Anaheim therefore cannot mandate E-Verify for general business licensing or municipal contracts beyond what federal law requires. Federal contractors with covered contracts must still use E-Verify under the federal FAR E-Verify rule. The state law preempts any conflicting local ordinance and allows employers to use E-Verify voluntarily. Federal Form I-9 verification remains required for all employers nationwide.

Violations & Fines

A city ordinance mandating E-Verify would be void and preempted; private employers improperly required to participate may sue for declaratory and injunctive relief plus attorney fees.

Frequently Asked Questions

Can Anaheim require E-Verify for contractors?
Generally no. California Labor Code 2814 preempts local E-Verify mandates beyond what federal law already requires for federal contractors and certain sensitive positions.
Must Anaheim employers use E-Verify?
No, unless they hold a federal contract subject to the FAR E-Verify clause. All employers must complete federal Form I-9 within three days of hire, but E-Verify is voluntary.

Sources & Official References

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