California prohibits state and local governments from requiring private employers to use the federal E-Verify system except where federal law mandates it, under Government Code 7285.1 and 7285.3. The restriction applies uniformly to every California city and county.
Government Code 7285.1 bars the state and any city, county, or special district from passing ordinances or policies requiring private employers to use E-Verify, except when federal law conditions a benefit on E-Verify participation. Government Code 7285.3 likewise prohibits employers from using E-Verify in a manner inconsistent with federal Memorandum of Understanding terms, such as pre-employment screening of applicants. AB 450 (2017), codified in Government Code 7285.1-7285.3 and Labor Code 90.2 and 1019.2, also restricts employer cooperation with workplace immigration enforcement, requiring judicial warrants before granting ICE access to nonpublic areas and notifying employees of I-9 inspections within 72 hours.
Employers violating AB 450 face civil penalties of $2,000 to $5,000 for first violations and $5,000 to $10,000 for subsequent violations under Labor Code 90.2 and 1019.2, enforced by the Labor Commissioner and Attorney General.
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