Key Facts Full Breakdown Violations FAQ Sources

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

Heavy Restrictions

Source: California Legislative Information →

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Key Facts

E-Verify Mandate Ban: Gov Code 7285.1
Workplace Enforcement: AB 450 (2017)
Notice Requirement: 72 hours
Penalty Range: $2K-$10K per violation

California state rule: El Cerrito does not have a local ordinance for e-verify mandates. This topic is governed by California state law and applies uniformly across the state.

Summary

California prohibits state and local governments from requiring private employers to use the federal E-Verify system except where federal law mandates it, under Government Code 7285.1 and 7285.3. The restriction applies uniformly to every California city and county.

Full Breakdown

Government Code 7285.1 bars the state and any city, county, or special district from passing ordinances or policies requiring private employers to use E-Verify, except when federal law conditions a benefit on E-Verify participation. Government Code 7285.3 likewise prohibits employers from using E-Verify in a manner inconsistent with federal Memorandum of Understanding terms, such as pre-employment screening of applicants. AB 450 (2017), codified in Government Code 7285.1-7285.3 and Labor Code 90.2 and 1019.2, also restricts employer cooperation with workplace immigration enforcement, requiring judicial warrants before granting ICE access to nonpublic areas and notifying employees of I-9 inspections within 72 hours.

Violations & Fines

Employers violating AB 450 face civil penalties of $2,000 to $5,000 for first violations and $5,000 to $10,000 for subsequent violations under Labor Code 90.2 and 1019.2, enforced by the Labor Commissioner and Attorney General.

Frequently Asked Questions

Can California cities require employers to use E-Verify?

No. Government Code 7285.1 prohibits state and local governments from imposing E-Verify mandates on private employers, except where federal law conditions a benefit on participation.

What does AB 450 require of California employers during ICE visits?

Employers must demand a judicial warrant before allowing ICE into nonpublic worksite areas and provide written notice to affected employees within 72 hours of an I-9 inspection notice.

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

Key Facts

Summary

Full Breakdown

Violations & Fines

Frequently Asked Questions

Sources & Official References

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