San Diego, CA Immigration Policy: E-Verify Mandates (2026)
Key Facts
- Federal mandate
- Federal contractors only
- California statute
- Labor Code §2814 (AB-1236)
- SD city mandate
- None; preempted by state
- Voluntary use
- Allowed for any employer
- Re-verification
- Limited by federal anti-bias rules
Summary
California Labor Code §2814 (added by AB-1236, 2011) bars cities including San Diego from requiring private employers to use E-Verify. The federal program remains voluntary except for federal 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. [...] (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.
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, prohibits any state or local government from requiring private employers to use E-Verify as a condition of doing business or obtaining a permit. San Diego therefore cannot impose an E-Verify rule on private employers and has not attempted to. City contractors must still meet federal contractor obligations when applicable. Private employers may opt in voluntarily but must apply E-Verify uniformly to all new hires and may not selectively re-verify existing workers.
Violations & Fines
An employer compelled illegally to use E-Verify by a city agency could sue under Labor Code §2814. Private employers using E-Verify discriminatorily face DOJ Immigrant and Employee Rights Section penalties up to $4,313 per violation.
Frequently Asked Questions
Does San Diego require employers to use E-Verify?
Can my SD employer use E-Verify voluntarily?
Sources & Official References
Other rules in San Diego
California rules heatmap·Compare San Diego to another location·View the California immigration policy overview
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