Riverside County, CA Immigration Policy: E-Verify Mandates (2026)
Key Facts
- Authority
- Labor Code 2814
- Local mandate
- Preempted by state
- Federal contractor rule
- Still required
- Voluntary use
- Allowed
- Enacted
- AB 1236 in 2011
Summary
Labor Code section 2814 prohibits California state and local governments from requiring private employers to use the federal E-Verify system except where federal law mandates it. Riverside County cannot impose a county-wide E-Verify requirement on contractors.
(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. (b) Upon using the federal E-Verify system to check the employment authorization status of a person, if the employer receives a tentative nonconfirmation issued by the Social Security Administration or the United States Department of Homeland Security, which indicates the information entered in E-Verify did not match federal records, the employer shall comply with the required employee notification procedures under any memorandum of understanding governing the use of the federal E-Verify system. [...] (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
Labor Code section 2814 bars California cities and counties from passing ordinances that require private employers to use E-Verify beyond federal requirements. Federal contractors and certain federally funded employers must still use E-Verify under federal regulation. AB 1236, signed in 2011, originated the prohibition. Riverside County therefore cannot adopt a mandatory E-Verify ordinance for county contractors or unincorporated-area businesses, though it can comply when federal law independently mandates participation. Employers may still voluntarily enroll in E-Verify as a hiring tool.
Violations & Fines
A local E-Verify mandate beyond federal law is preempted and unenforceable. Employers misusing E-Verify can face Labor Commissioner penalties under FEHA for national-origin discrimination claims.
Frequently Asked Questions
Can Riverside County require contractors to use E-Verify?
Can a private employer choose to use E-Verify?
Sources & Official References
Other rules in Riverside County
California rules heatmap·Compare Riverside County to another location·View the California immigration policy overview
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