Orange County, CA Immigration Policy: E-Verify Mandates (2026)
Key Facts
- Statute
- CA Labor Code §2814
- Local mandate
- None in OC
- Federal trigger
- FAR 52.222-54 contractors
- Enforcer
- DOJ-IER
Summary
Orange County does not require employers or contractors to use the federal E-Verify system, and California Assembly Bill 1065 prohibits cities and counties from forcing private employers to enroll beyond federal requirements.
2814. (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 statu...
Full Breakdown
California Labor Code §2814 prohibits state or local governments from requiring private employers to use E-Verify except where federal law mandates it (such as federal contractors under FAR 52.222-54). Orange County has no ordinance compelling E-Verify use for vendors, contractors, or general employers. Employers who voluntarily use E-Verify must comply with federal Memorandum of Understanding terms and notify employees of any tentative non-confirmation. Misuse to screen out work-authorized applicants violates federal anti-discrimination provisions enforced by the Immigrant and Employee Rights Section of DOJ.
Violations & Fines
Improper use, pre-screening applicants, retaliating on tentative non-confirmation, or selective verification, exposes employers to federal IER complaints, civil penalties, and back-pay awards.
Frequently Asked Questions
Can OC require its vendors to use E-Verify?
Is voluntary E-Verify legal for OC businesses?
Sources & Official References
Other rules in Orange County
California rules heatmap·Compare Orange County to another location·View the California immigration policy overview
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