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

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

State law
Labor Code 2814
Local mandates
Prohibited
Federal contractors
Must use
I-9 requirement
Always applies

Summary

California Labor Code section 2814 prohibits state and local governments from requiring private employers to use the federal E-Verify system except where federal law mandates it, so Stockton private employers generally use E-Verify only voluntarily.

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,

Source: Stockton Municipal CodeView official code

Full Breakdown

California Labor Code section 2814 bars cities, counties, and the state from mandating E-Verify use by private employers unless federal law requires it. Federal contractors and subcontractors above certain thresholds must use E-Verify under the federal acquisition regulation. Most private Stockton employers can choose whether to enroll. Federal Form I-9 verification of work authorization is required for every new hire under the Immigration Reform and Control Act, regardless of E-Verify enrollment. AB 450 also restricts employer cooperation with workplace ICE inspections, requiring notice to employees and prohibiting voluntary consent to non-public area searches without a judicial warrant.

Violations & Fines

Mandating E-Verify in violation of Labor Code 2814, allowing ICE non-public access without warrants, or skipping employee notice under AB 450 triggers Labor Commissioner penalties.

Frequently Asked Questions

Can Stockton require my business to use E-Verify?
No. California Labor Code section 2814 prohibits cities and the state from mandating E-Verify for private employers, except where federal law independently requires it for federal contractors.
Do I still need to complete Form I-9?
Yes. Federal law requires Form I-9 work authorization verification for every new hire within three business days of hire, regardless of whether the employer uses E-Verify.

Sources & Official References

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