California E-Verify Mandates Law: Statewide Immigration Policy Rules (2026)

California E-Verify Mandate Restrictions Statewide

Heavy RestrictionsApplies statewide across California (2026)

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.

Key Facts

E-Verify Mandate Ban: Gov Code 7285.1
Workplace Enforcement: AB 450 (2017)
Notice Requirement: 72 hours
Penalty Range: $2K-$10K per violation

Full Breakdown

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.

Violations & Penalties

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.

Frequently Asked Questions

Can California cities require employers to use E-Verify?

No. Government Code 7285.1 prohibits state and local governments from imposing E-Verify mandates on private employers, except where federal law conditions a benefit on participation.

What does AB 450 require of California employers during ICE visits?

Employers must demand a judicial warrant before allowing ICE into nonpublic worksite areas and provide written notice to affected employees within 72 hours of an I-9 inspection notice.