Los Angeles 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
- Voluntary use
- Allowed for any employer
- Re-verification
- Limited by federal anti-bias rules
Summary
California AB-1236 (Labor Code §2814) prohibits LA County and any city or county from requiring private employers to use E-Verify. Federal mandates apply only to federal contractors. LA County imposes 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 or not authorized under any federal agency memorandum of understanding governing the use of a federal electronic employment verification system. (2) Nothing in this section shall prohibit an employer from utilizing the federal E-Verify system, in accordance with federal law, to check the employment authorization status of a person who has 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. Each unlawful use of the E-Verify system on an employee or applicant constitutes a separate violation. (d) This section is intended to prevent discrimination in employment rather than to sanction the potential hiring and employment of persons who are not authorized for employment under federal law.
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. LA County therefore cannot impose an E-Verify rule on private employers in unincorporated areas or contract cities and has not done so. 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 LA County require employers to use E-Verify?
Can my employer use E-Verify voluntarily?
Sources & Official References
Other rules in Los Angeles County
California rules heatmap·Compare Los Angeles County to another location·View the California immigration policy overview
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