Santa Clara County, CA Immigration Policy: E-Verify Mandates (2026)
Key Facts
- Federal mandate
- Federal contractors only
- California statute
- Labor Code §2814 (AB-1236)
- County mandate
- None; preempted by state
- City mandates in SCC
- None permitted under §2814
- Voluntary use
- Allowed for any employer
Summary
California AB-1236 (Labor Code §2814) prohibits Santa Clara County and any city from requiring private employers to use E-Verify. Federal mandates apply only to federal contractors. SCC and its 15 cities impose no E-Verify requirement.
(a) (1) Except as required by federal law or as a condition of receiving federal funds, it shall be 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 at a time or in a manner not required under subsection (b) of Section 1324a of Title 8 of the United States Code. (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
E-Verify is a voluntary federal program for confirming employment eligibility. Federal law mandates participation only for federal contractors under FAR 52.222-54. California Labor Code §2814, added by AB-1236 (2011), forbids any state or local government from requiring private employers to enroll in E-Verify as a condition of doing business or obtaining a permit. Santa Clara County therefore cannot impose an E-Verify rule on private employers in unincorporated areas, and none of its 15 cities (San Jose, Sunnyvale, Mountain View, Cupertino, etc.) has adopted one. County contractors must still meet federal-contractor obligations when applicable. Workers may not be re-verified absent documented cause.
Violations & Fines
A county-imposed E-Verify mandate would be unenforceable under Labor Code §2814 and challengeable in superior court. Private employers using E-Verify discriminatorily face DOJ Immigrant and Employee Rights Section penalties up to $4,313 per violation under federal anti-bias rules.
Frequently Asked Questions
Does Santa Clara County require employers to use E-Verify?
Can my SCC employer use E-Verify voluntarily?
Sources & Official References
Other rules in Santa Clara County
California rules heatmap·Compare Santa Clara County to another location·View the California immigration policy overview
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