Berkeley, CA Immigration Policy: E-Verify Mandates (2026)
Key Facts
- State preemption
- Labor Code 2814
- Local mandate
- None
- Federal contractor
- Required
- City hiring
- Form I-9 only
Summary
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.
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.
Full Breakdown
Federal law leaves E-Verify voluntary for most private employers and mandatory only for certain federal contractors. California Labor Code section 2814 prohibits any state or local government from compelling private employers to use E-Verify except where federal law or a federal contract requires it. Berkeley therefore does not impose an E-Verify mandate on private businesses, contractors, or licensees. The city itself uses standard Form I-9 verification for its own hires. Employers may still choose to enroll voluntarily, and most large federal contractors do, but city policy is to neither encourage nor penalize voluntary use.
Violations & Fines
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.
Frequently Asked Questions
Can Berkeley require contractors to use E-Verify?
Is E-Verify ever mandatory in Berkeley?
Sources & Official References
Other rules in Berkeley
California rules heatmap·Compare Berkeley to another location·View the California immigration policy overview
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E-Verify Mandates in Nearby Cities
How other cities in Alameda County handle e-verify mandates.